We first reported in February 2023 on a surprising and alarming decision by the U.S. National Labor Relations Board (NLRB or “the Board”)—In re McLaren Macomb—which concluded that the mere proffer of a severance agreement with broad confidentiality and/or non-disparagement provisions could violate Section 7 of the National Labor Relations Act (NLRA), which protects the right of employees to engage in concerted activity for their mutual aid and protection. The decision set off alarm bells for employers that routinely include non-disclosure and non-disparagement language in their separation and release agreements, leading some employers to revise their templates and others to scuttle them altogether. Others took a more hopeful, wait-and-see approach until the U.S. Court of Appeals for the Sixth Circuit could review and opine on the merits of the NLRB’s position.