Mark Hanna quoted in article on NLRB opinion declaring NDA agreements unlawful

February 27, 2023

On February 23, 2023 the NLRB issued an opinion in McLaren McComb, 372 NLRB No. 58 (2023) that nondisparagement and confidentiality clauses in a severance agreement are unlawful when they have a reasonable tendency to interfere with, restrain, or coerce the exercise of employee rights under Section 7 of the Act. 

Charter Works, an online newsletter for executives and HR professionals focused on workplace trends, quoted Murphy Anderson partner Mark Hanna throughout its February 27, 2023, article on this ruling, limiting employers use of nondisparagement and confidentiality agreements.

"What this NLRB decision, along with other things that have happened very recently, is going to do is shine a light on the concept that this is the end of the time when employers can buy the silence of employees," Hanna said.

"Saying, 'I’m not going to sue you'? That’s perfectly fine in exchange for money," Hanna said. "That’s [release is] what the employers really should be buying. What they shouldn’t be buying is silence."