unicorndeburghFeb 22, 2023

This is HUGE.

"The National Labor Relations Board ruled Tuesday that employers can no longer demand laid-off employees avoid publicly disparaging the company as part of their severance agreements, nor can they stop affected employees from disclosing the terms of their exit packages. Doing so, the federal agency determined, would be a violation of the laid-off employees’ rights under the National Labor Relations Act."

https://www.vice.com/en/article/dy7a7x/companies-cant-ask-you-to-shut-up-to-receive-severance-nlrb-rules

Companies Can’t Ask You to Shut up to Receive Severance, NLRB Rules

The board reverses two previous decisions that held that such severance agreements were lawful. Limits on free speech have become increasingly common aspect of many severance agreements.

Show threadSarah FackrellFeb 22, 2023

@unicorndeburgh I'm curious what employment law profs think about this.

As a non-expert, I can't help but think of my former boss who did this kind of thing ALL the time.

#LawProfs

Show threadBrianFeb 22, 2023
@design_law @unicorndeburgh I'm also non-expert and curious whether the fact that these employees were part of a union limits this decision or whether it has broader reach.
Show threadunicorndeburgh

@brianwc @design_law

Good questions!

Feb 22, 2023 at 6:03pmWeb
Show threadunicorndeburghFeb 23, 2023

@brianwc @design_law

"With the exception of railroads and airlines, US business employers are subject to the NLRB’s authority.

While the labor board’s ruling this week could be appealed, the ruling is effective immediately. That means employers must review — and, if necessary, revise — their severance agreements to ensure they don’t include overly broad language that would restrict workers’ rights in the two ways the board ruling indicates."

https://www.cnn.com/2023/02/22/success/severance-agreements-rule-change-from-nlrb/index.html