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Tim Van Dyck, Tim Monahan and Ben Hinks Write “What NLRB’s Ruling on Non-Disparagement Clauses Means for Financial Services Firms” for Banker & Tradesman

Many firms in the financial services industry include non-disparagement clauses and confidentiality provisions in their employee severance agreements. The National Labor Relations Board, however, recently issued a decision in McLaren Macomb that restricts the use of these provisions.

In their article, “What NLRB’s Ruling on Non-Disparagement Clauses Means for Financial Services Firms” in Banker & Tradesman, Tim Van Dyck, Tim Monahan and Ben Hinks discuss the decision, what employers can and cannot include in severance agreements, and the potential unintended consequences of the ruling. Here is an excerpt:

On March 22, the NLRB’s general counsel issued a memorandum regarding the McLaren Macomb ruling to the NLRB’s field offices. While this memo reflects the general counsel’s opinion, and not necessarily the views of the entire NLRB, it responds to inquiries raised about the impact of McLaren Macomb including whether and how employers could continue to use confidentiality and non-disparagement provisions in their severance agreements.

The general counsel emphasized that McLaren Macomb does not ban severance agreements with confidentiality and non-disparagement provisions entirely; employers may continue to proffer, maintain and enforce such agreements as long as they do not contain overly broad provisions that “affect the rights of employees to engage with one another to improve their lot as employees.”

Continue reading the full article “What NLRB’s Ruling on Non-Disparagement Clauses Means for Financial Services Firms” on the Banker & Tradesman website (subscription required).

 

 

 

 

About the Authors

Timothy C Monahan.
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Timothy C. Monahan

Tim Monahan focuses his practice in the arena of business and finance. With over ten years of experience, Tim has gained the knowledge and skill set to confidently assist clients in a varying range of issues. Tim represents lenders and borrowers in all types of financing transactions, including asset-based financing, real estate financing,general commercial financing, construction financing, issuance of credit enhancements in bond transactions, participations, and intercreditor transactions.

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Timothy P Van Dyck
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Timothy P. Van Dyck

Tim Van Dyck, Practice Area Leader for Employment & Labor, is a seasoned, Chambers USA-recognized trial lawyer who defends employers of all sizes against difficult and often sensitive employment disputes in the state and federal courts of Massachusetts and throughout New England.

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hinks listing
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Benjamin J. Hinks

Ben Hinks is an attorney in the firm’s Employment & Labor practice. He represents employers in litigation matters, including wage and hour claims, discrimination actions, non-competition and trade secret disputes, and contract claims before the courts of Massachusetts, Rhode Island, and administrative agencies. Ben also helps counsel clients through a full range of employment issues including hiring, termination, personnel policies and handbooks, leaves of absence, internal investigations, employee discipline and DEI initiatives.

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About the Authors

Timothy C Monahan.
Stay Connected
LinkedIn

Partner

Timothy C. Monahan

Tim Monahan focuses his practice in the arena of business and finance. With over ten years of experience, Tim has gained the knowledge and skill set to confidently assist clients in a varying range of issues. Tim represents lenders and borrowers in all types of financing transactions, including asset-based financing, real estate financing,general commercial financing, construction financing, issuance of credit enhancements in bond transactions, participations, and intercreditor transactions.

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Timothy P Van Dyck
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Partner

Timothy P. Van Dyck

Tim Van Dyck, Practice Area Leader for Employment & Labor, is a seasoned, Chambers USA-recognized trial lawyer who defends employers of all sizes against difficult and often sensitive employment disputes in the state and federal courts of Massachusetts and throughout New England.

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LinkedIn

More Posts by Author ›

hinks listing
Stay Connected
LinkedIn

Associate

Benjamin J. Hinks

Ben Hinks is an attorney in the firm’s Employment & Labor practice. He represents employers in litigation matters, including wage and hour claims, discrimination actions, non-competition and trade secret disputes, and contract claims before the courts of Massachusetts, Rhode Island, and administrative agencies. Ben also helps counsel clients through a full range of employment issues including hiring, termination, personnel policies and handbooks, leaves of absence, internal investigations, employee discipline and DEI initiatives.

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