NLRB’s Decision Applies Retroactively to Confidentiality, Nondisparagement Clauses

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum clarifying the board’s February decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, Abruzzo states that she interprets the decision to apply to agreements already signed and that claims would not be time-barred as long as an employer maintains or enforces such terms.
Source: New feed 2