b'GARYS CORNERSAFETY & EMPLOYMENT LAW TIDBITS WITH MRCA LEGAL COUNSEL, GARY AUMANGary Auman, MRCA Legal CounselNo confidentiality clauses ininterfere with the employees right to organize severance agreementsand bargain collectively [Section 7 rights.]The Often,whenanemployerBoard held that an employer commits an unfair terminatesanemployee,thelabor practice by including a confidentiality clause employer and employee enter intoin a severance agreement, regardless of whether a severance agreement wherebythe employer seeks to enforce its rights under the employer agrees to pay that employer moneythe contract.in exchange for the employees promise to releaseEmployersseekingtoenteraseverance the employer from employment-related liability. agreement with an employee should check with These severance agreements almost alwaysan attorney to determine whether a confidentiality include confidentiality clauses.Confidentialityclause is necessary and whether it could be clauses are important for many reasons, not thedrafted in such manner that would not restrict least of which is that the employer may not wantSection 7 rights.that former employer to tell other employeesNLRBIncreasesDamageAwardsto about the money just paid to them. Aggrieved Employees However,theNationalLaborRelationsOn December 13, 2022, the NLRB increased the boardrecentlyissuedadecisionprohibitingpenalties for unfair labor practices.Until then, confidentiality clause in severance agreements.the penalty for committing an unfair labor act was On February 21, 2023, in McLaren Macomb, thereinstatement, back pay going back to the violation, NLRB ruled that broad confidentiality clausesand the cost of any lost benefits.But now, the 14 www.mrca.orgMidwest Roofer'