NLRB Finds Employer’s Use of Confidentiality and Non-Disparagement Provisions in Separation Agreements Violated Federal Law

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The National Labor Relations Board (the Board) which enforces the National Labor Relations Act (the Act) ruled this week that confidentiality of the agreement and non-disparagement provisions in the separation agreements for 11 terminated employees of a Michigan hospital impermissibly infringed on the employees’ rights under the Act.