NLRB General Counsel Says Confidentiality, Nondisparagement Clause Decision Applies Retroactively
On March 22, 2023, National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo issued a memorandum clarifying the Board’s February 2023 decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. In the memorandum, the GC states that she interprets the decision to apply retroactively to agreements already signed and that claims would not be time-barred as long as an employer maintains or enforces such terms.