An NLRB ruling that nondisparagement or confidentiality clauses in separation agreements are unlawful if they would restrict or interfere with an employee's labor rights applies retroactively, according to a new General Counsel guidance memo.
Updated to reflect an NLRB ruling prohibiting the inclusion of confidentiality and nondisparagement agreements that restrict employees' rights to engage in protected concerted activity within separation agreements.
If signed by President Biden as expected, the Speak Out Act will make nondisclosure agreements (NDAs) and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment unenforceable by the courts if they were signed before a dispute arose.
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