Labor Relations Co-Chair Interviews with The Washington Post on NLRB Decision Regarding Severance Agreements

In an interview with The Washington Post, Labor Relations Co-Chair Steven Bernstein discusses a recent ruling by the National Labor Relations Board (NLRB) that states employers can no longer limit workers’ ability to speak about their company in exchange for settlement or severance payments. The NLRB determined that such provisions violate the National Labor Relations Act if they ask workers to waive their rights, such as their ability to discuss the financial terms of their departure or how they were treated by the company. He explains that, in principle, the decision is legally binding and that, in the eyes of the NLRB, it is the law of the land. "However, employers are likely to appeal the ruling, which could tie it up in the courts for years. And the NLRB is strongly influenced by the political party in power, meaning another reversal could come under a future Republican administration."

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