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Court Of Appeals To Determine Whether To Enforce The NLRB’s Controversial Mclaren Macomb Decision That NDAs And Non-Disparagement Agreements Violate Federal Labor Law

As predicted, the National Labor Relations Board’s recent decision in McLaren Macomb has quickly advanced to the U.S. Court of Appeals for the 4th Circuit. In February the NLRB declared that employers violate federal labor law if they include nondisclosure (NDAs) or non-disparagement clauses in severance agreements for non-managerial employees. The appellate court will decide whether the Board’s decision is enforceable. Because NDAs and non-disparagement clauses are commonly included in severance and settlement agreements with employees, the court’s ruling will have huge implications for employers. Watch for updates from Wessels Sherman on this highly anticipated decision.

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