"Addressing New NLRB Guidance that Sides with Employees on Severance Agreements, Employee Conduct, and Non-Competes," Porter Hedges Employment CLE
The National Labor Relations Board (NLRB) has issued three recent decisions that erode an employer’s authority as it relates to severance agreements and employee conduct agreements, employee conduct, and non-compete agreements.
- Draft Severance Agreements with Caution: Employers violate the National Labor Relations Act (NLRA) when they present employees with severance agreements containing confidentiality and non-disparagement provisions that could be construed to broadly waive employees’ rights under the NLRA. (McLaren Macomb)
- Expanded Protections for Employee Speech in the Workplace: Employees who engage in profane speech or conduct in the context of workplace activism and union-related activity have their legal protection restored. (Lion Elastomers)
- Exercise Caution When Drafting Non-Competes: Overbroad non-compete agreements are unlawful because they chill employees from exercising their rights under Section 7 of the NLRA. (Guidance)
This CLE was hosted by the Employment team at Porter Hedges. It discussed how employers should address this new guidance and offer practical solutions for those responsible for protecting a business’ best interests.