James Morrison Sees More Laws Against Nondisparagement Requirements Ahead

News / February 23, 2023

Partner James Morrison was quoted in a Feb. 23, 2023, SHRM article titled “NLRB Limits Nondisparagement Requirements in Severance Agreements.”

The article examined the National Labor Relations Board’s Feb. 21, 2023, decision that it is not lawful for employers to use severance agreements “in sweeping terms to prevent laid-off employees from talking about their work or criticizing their former employers.”

While “limits on free speech have become increasingly common aspect of severance agreements,” according to the article, there has also been a rise in state laws restricting nondisparagement clauses.

“Since the #MeToo movement started in 2017, there have been several states that have passed laws restricting the use of confidentiality and nondisparagement agreements in employment, and I expect this trend will continue,” Morrison told SHRM.

Read the article.

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