The U.S. Court of Appeals for the Sixth Circuit Declines Review on the NLRB’s Standard Disfavoring Certain Severance Agreement Language.

The NLRB’s new standard applies to all NLRB Act-covered employees and restricts employers’ use of certain confidentiality and non-disparagement clauses. After the Board found an employer’s severance agreement violated the NLRB Act under the new standard, the Board petitioned the Sixth Circuit to enforce its decision. Although agreeing with the Board that the employer violated the NLRB Act by its conduct, the court limited its opinion to concluding that the employer violated the NLRB Act under the previous legal standard. The court declined to address the enforceability of the NLRB’s new standard.