The Board reiterated that narrowly tailored provisions, such as confidentiality clauses limited to trade secrets or settlement amounts, or non-disparagement clauses confined to defamatory statements, may still be permissible.
On June 9, 2026, the U.S. House of Representatives passed the Faster Labor Contracts Act (H.R. 5408), a bipartisan bill aimed at accelerating negotiations for initial collective bargaining agreements under the National Labor Relations Act (NLRA).
The Faster Labor Contracts Act, like its failed predecessor Employee Free Choice Act, would require that after as few as 120 of days of negotiations and mediation, a first contract’s terms would be decided by a three-person arbitration panel.
Skoler, Abbott & Presser, P.C. is the network's Massachusetts member.