Congratulations to Jack Giordano on the publication of his recent scholarly article reviewing confidentiality and non-disparagement provisions in employment severance and settlement agreements. You can read this article in its entirety in the highly regarded New York Law Journal, Friday May 12, 2023 edition. The piece covers the important case of McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023), which severely restricts binding employees to confidentiality and non-disparagement clauses in these agreements.
The decision applies to all private sector employees with limited exceptions. Notably, managers and supervisors are not covered by the decision. Mr. Giordano discusses the extent of these new restrictions and strategies for settling employment cases and including confidentiality and non-disparagement clauses while simultaneously complying with the McLaren opinion.
The full article can be accessed here: https://www.law.com/newyorklawjournal/2023/05/11/confidentiality-and-non-disparagement-provisions-after-mclaren-macomb/