In March 2023, the General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 23-05, which provides guidance to NLRB Regions regarding how to apply the NLRB's February 21, 2023 decision in McLaren Macomb, 372 NLRB No. 58 (2023). In McLaren Macomb, the NLRB found that an employer offering a severance agreement to a non-management employee containing overly broad confidentiality and non-disparagement provisions violated the employee's rights under Section 7 of the National Labor Relations Act ("NLRA"). Section 7 rights under the NLRA generally encompass an employee's ability to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection.
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