On February 21, 2023, the National Labor Relations Board (“NLRB”) issued a new decision restricting the ability of private-sector employers to include non-disparagement and confidentiality provisions within severance agreements. The decision, McLaren Macomb and Local 40 RN Staff Council, Office and Professional Employees, International Union (OPEIU), AFL–CIO, Case 07–CA–263041, reversed two Trump-era decisions that permitted
