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 th...