Non-Unionized Workforces and Non disparagement

 When employers enact a Non disparagement provision or policy or provide severance benefits in exchange for the employee agreeing to a robust non-disparagement clause. A non-disparagement clause is an agreement that forbids and employee from saying anything negative about the company--in short, it protects the reputation of the company. The current National Labor Relations Board (NLRB) General Counsel has taken the position that most non-disparagement clauses may run into issues with employees' Section 7 rights.

 

Section 7 of the National Labor Relations Act (the Act) guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection," as well as the right "to refrain from any or all such activities."

 

It is advised that employers should therefore review and when applicable, revise their non-disparagement provisions (should there be any).  These provisions are commonly found in an employee handbook or severance agreements. 

 

Source: JD Supra, received on February 21, 2024; NLRB, accessed on February 21, 2024.