b'LEGALLY SPEAKING CSIA 25continued from pg.23policies and practices will survivefederalappellate courtreview.But,in themeantime,thepro-employee NLRB is issuing case decisions consistent withherwishestohave nearly 40 previous rulings overturned. And, for now, employers need to rethink howtheyareapplying their policies and practices andhavesuchactivities reviewedbyexperienced laborandemployment criticalelementsinthetestentrepreneuriallaw counsel. Employers can still weave their way opportunitythe ability of the workers to get theirthrough most of these current obstructions with the own work from various sources and has muddiedright advice and counsel.the test to allow for more workers to be considered employees subject to a myriad of employment lawsFor more information, use your CSIA Legal and taxes. Services Plan, and contact Bob Dunlevey, Board Certified Specialist in Labor and Employment Law, Confidentiality and Non-DisparagementTaft Law, (937) 641-1743.Clauses in Severance Agreements UnlawfulTheNLRBhasruledthatmerelypresentingto anemployeeaproposedseveranceagreement containingbroadlywordedclausesrequiring the departing employee to keep the terms of the severance agreement confidential and not to bad-mouththecompanyanditspeopleviolatethe NLRA. McLaren Macomb, 372 NLRB No. 58 (2023). Evenmaintainingorenforcingtheseprovisions inagreementsexecutedbeforethelawchanged on 2/21/23 is considered unlawful. GC Memo 23-05. The General Counsel has declared that other typical severance agreement clauses such as non-solicitation,no-poaching,covenantsnottosue, postterminationcooperationandbroadliability releases could be unlawful as well. While severance agreements remain enforceable many of the typical clauses now have questionable enforceability.Action to be TakenOnlytimewilltellwhethertheNLRBsGeneral CounselsattacksonemployerstraditionalHR csiaonline.org'