Conversations with TED: A Look at the NLRB's McLaren Macomb Decision

In this episode of Conversations with TED, we address the importance of the National Labor Relations Board’s (NLRB) McLaren Macomb decision. The recent decision held that employers may not offer employees severance agreements containing broad confidentiality and non-disparagement clauses.

The McLaren Macomb decision is a good example of how the current GC for the NLRB and the members appointed by the current administration have been successful in changing the law to the way they believe it should be.

We provide an overview of the decision and the scope of the ruling; discuss what employers can do to protect themselves; take a look at next steps and additional guidance; provide insight into penalties for violating Section 7; address the importance of employers being proactive; and consider what this means for the future.