Park Avenue Presentations

The NLRB’s 2023 Severance Agreement Ruling: Learn How Employers are Affected

Duration: 90 minutes

Speaker: Dr. Jim Castagnera, Esq.


Webinar Description

On February 21, 2023, the National Labor Relations Board issued a decision restricting the use of confidentiality and non-disparagement clauses in severance agreements with departing employees. The Board’s decision reversed Board recent precedent --- a phenomenon we've seen with each party shift in the White House for decades now. This ruling finds that confidentiality and non-disparagement provisos have an “impermissible chilling tendency” on the employee’s Section 7 rights. 

All private-sector employers should pay attention to this ruling.  Section 7 of the NLRA applies to both union and non-union employers. It protects nonsupervisory employees’ rights to engage in “concerted activity” for the purpose of collective bargaining or other mutual aid or protection.  Under the Biden Board's decision, this includes a right also to collaborate with one another on literally all work-related issues, and to talk freely--- whether in person or on social media--- about all HR issues of mutual concern.

Join Dr. Jim Castagnera, Esq., an HR lawyer with more than four decades of experience, in exploring the sweeping ramifications of this "back to the future" ruling that revives the Obama-Biden labor board's approach to Section 7 rights.  REMEMBER: You don't have to have a union or face an organizing drive in order to get stung by an inadvertent violation of Section 7.



What Dr. Jim will cover:



Continuing HRCI Credit Information

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Continuing SHRM Credit

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This event will be presented live with a PowerPoint presentation to be viewed on your computer. You may listen to the audio of the webinar by telephone or through your computer. The PowerPoint slides will be provided shortly before the event. Once you register, you will receive an email which is your receipt and which includes your instructions for dialing in and logging on. You will also receive an email reminder 24 hours before the webinar.