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Labor Law - Spring 2025 Caselaw Supplement

McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023)

McLaren Macomb prohibits employers from requiring employees to execute severance agreements that "broadly prohibited them from making statements that could disparage or harm the image of the [employer] and further prohibited them from disclosing the terms of the agreement," holding that such provisions require employees to forfeit Section 7 rights.  The Board reversed two Trump NLRB decisions that found that the mere proffer of such provisions, absent any suggestion that the proffer would have tended to infring employee rights, did not violate the Act.