Earlier this week, the National Labor Relations Board (“NLRB”) issued a decision in McLaren Macomb which broadly held that employers may not offer separation agreements to their employees which prohibit employees from (i) making statements that could disparage their former employer, and (ii) disclosing the terms of the agreement, including the severance terms, to third parties, including their co-workers. The NLRB’s ruling covers all employers and almost all employees – union and non-union. The NLRB’s reasoning was that such provisions are an impermissible waiver by employees of their Section 7 rights under the National Labor Relations Act (the “Act”), which rights include employees’ rights to self-organize, form, join or assist labor organizations, bargain collectively, and engage in other concerted activities for the purpose of employee’s mutual aid and protection pursuant to Section 7 of the Act.