NLRB Maintains McLaren Severance Agreement Standard for Now, But Board Nomination Signals Potential Shift

On April 7, 2026, the National Labor Relations Board issued its decision in Prime Communications, LP, reaffirming the Board’s 2023 decision in McLaren concerning severance agreement confidentiality and non-disparagement provisions. While the decision reinforces existing substantive law, the key takeaway is that the Board declined to revisit the McLaren standard because it lacked the three-member majority traditionally needed to overturn existing precedent.... By: Franczek P.C.