U.S.: employers may no longer impose confidentiality clauses in employment severance agreements

In a decision issued on 23 February 2023, the National Labor Relations Board (NLRB) ruled that “employers may not offer employees severance agreements that require employees to broadly waive their rights under the National Labor Relations Act”. The board was ruling on the specific case of 11 unionized employees of a Michigan hospital whose severance payments included the condition that they were not to disclose the terms of the agreement or make disparaging comments about their employer...