NLRB MARKS RETURN TO HEIGHTENED SCRUTINY OF EMPLOYEE SEVERANCE AGREEMENTS
On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision significantly limiting the use of general confidentiality and non-disparagement clauses in severance and similar agreements with employees. The Board, in McLaren Macomb, 372 N.L.R.B. No. 58, found that an employer violated Section 8(a)(1) of the National Labor Relations Act (“NLRA” or “Act”) when it offered severance agreements to employees that contained broad non-disparagement and confidentiality provisions. In doing so, the NLRB overruled two 2020 decisions that had afforded employers greater leeway with the drafting, use, and offering of similar agreements.
Attorney Felicia Vasudevan, a partner at Murphy, Hesse, Toomey & Lehane, LLP, received a favorable decision on behalf of her client, Marshfield Public Schools. The Plaintiff appealed the district court’s judgement that upheld a decision of the Massachusetts Bureau of Special Education Appeals (“BSEA”). However, as the notice was filed more than 30 days after entry, the First Circuit ultimately dismissed the appeal for being untimely. The Plaintiff also appealed the district court’s order, denying her motion to vacate. Read More
Following our Alert from March 16, 2023, Civility is Dead – The Supreme Court Rules Municipal Control of Public Speak Limited to Reasonable Time/Place/Manner Restrictions, which discussed the holding to the Supreme Judicial Court’s decision in Barron v. Kolenda and the Town of Southborough (SJC-13284), we promised to bring you more detailed guidance on developing a Public Speak policy for your public body or municipality. The Barron case involved a constitutional challenge to the Town of Southborough’s public comment policy, which attempted to impose a code of civility on members of the public who participated in public comment before public bodies. In Barron, the court interpreted the state constitution to mean that public bodies may request, but not require, that public commentators be respectful and courteous. Instead, a public body may set restrictions on reasonable time, place, and manner comments to ensure that the meeting retains an orderly and peaceable manner.