OK at Work: Does your Severance Agreement Violate the National Labor Relations Act?
On this week’s OK at Work, Sarah Sawyer and Russell Berger discuss the NLRB’s recent decision finding that an employer’s use of non-disparagement and confidentiality provisions in severance agreements violates the National Labor Relations Act. Though there are some limits, this is a substantial shift in the law and all employers should reevaluate how they approach severance agreements. Listen to learn more.
ABOUT RUSSELL BERGER
Russell Berger is a business counselor serving the needs of small and mid-sized businesses as an outside general counsel and as a labor and employment attorney. As outside general counsel, Mr. Berger is a strategic partner who helps growth-minded clients navigate the opportunities and challenges, seen and unseen, that come with running a business. A thoughtful and proactive problem solver, he leverages the resources of Offit Kurman to provide the exact experience and knowledge that clients need on a range of matters. As a top-rated labor and employment attorney, Mr. Berger provides business counsel to employers on employee matters. He is well-versed in litigating in both state and federal courts.
ABOUT SARAH SAWYER
As an experienced business advisor and litigator, Sarah works with business owners at all stages of running their business, from starting their business and implementing policies and practices that keep their businesses running smoothly to helping them avoid expensive legal battles and fighting for them when litigation arises. Sarah focuses on, among other things, providing her clients with general business counsel, drafting and analyzing complex contracts, mergers and acquisitions, employment compliance, dispute resolution, and litigating all aspects of civil and commercial disputes.
With a diverse background of representing an array of business clients in private practice and working as in-house counsel, Sarah recognizes the importance of understanding all aspects of a client’s business when providing advice, whether compliance, litigation, or business strategy related. When counseling clients, she takes the time to understand the ins and outs of her client’s business and employs a holistic approach when addressing their legal needs and concerns.