Why the NLRB’s decision won’t put an end to confidentiality clauses

The National Labor Relations Board ruled recently that non-disparagement clauses in severance agreements could not be enforced. But what does this really mean for workers?

This past week, Jennifer Abruzzo, general counsel for the National Labor Relations Board (NLRB)—which protects the organizing rights of private-sector workers—addressed a major decision that was recently handed down by the board. The decision, which ruled that non-disparagement clauses in severance agreements were not lawful, invited a litany of questions from employers and their attorneys. A memorandum from Abruzzo offered some clarity on the board’s ruling, stating that it would retroactively apply to agreements that had already been inked.

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