Erica Pope

Erica Pope

April 19, 2024 | Daily Business Review

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's 'McLaren Macomb' Decision?

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing—or even offering—severance agreements containing overly broad confidentiality and non-disparagement provisions. This decision puts employers at a greater risk of unfair labor practice charges if they offer or attempt to enforce restrictive covenants that fail to meet its stringent standards.

By Erica Pope and Benjamin Bard

10 minute read