Just as commentators predicted, after confirming two new members, the NLRB’s GC is moving to unwind its Biden-era decisions. The GC made this plan explicit in an Aug. 26, 2026 Memo.
In the Memo, the GC touts the office’s disagreements with NLRB precedent. Take McLaren Macomb, the Board decision that narrowed the permissible scope of confidentiality and non-disparagement clauses in severance agreements. The GC argues the current rule effectively outlaws commonplace severance clauses and fails to balance employee and employer interests. The GC’s proposed replacement rule is more employer-friendly and prohibits only severance agreements that contain an explicit waiver of Section 7 rights that is not narrowly tailored.
The GC also highlighted disagreement with Stericycle, a decision that prohibited overbroad employment policies that had a reasonable tendency to chill employees’ exercise of their Section 7 rights (which includes, to many employers’ chagrin, the right to complain about the terms and conditions of employment to their coworkers, sometimes in less than savory ways). In the Memo, the GC stated its preference for a “balanced and common-sense approach,” noting that Stericycle created a “climate of regulatory uncertainty” that makes “employers hesitant to uphold essential workplace standards.”
The takeaway: don’t rewrite your form severance agreements or handbooks just yet. The Memo simply signals the GC’s priorities. It does not change the law. We’ll keep you posted as these efforts develop.
