Companies may not be able to buy the silence of laid-off workers anymore.

What's happening: Overly broad non-disparagement clauses — which some companies require workers to sign in order to receive severance benefits — were recently ruled unlawful by the National Labor Relations Board.

• In a memo last week, the agency's general counsel made clear the ruling was retroactive, applicable to agreements signed before the board's decision in February.

Why it matters: The ruling and guidance could free workers to speak up about what happened inside their companies before they lost their jobs, and help each other navigate the layoff process, among other things.

• That's of particular interest right now to laid-off Twitter employees — some of whom want to speak publicly about what happened when Elon Musk took over, but are muzzled by gag orders signed to get their severance.

How it works: Non-disparagement agreements typically prohibit folks from speaking both publicly and privately in ways that could harm a company's reputation.

• Agreements are often paired with confidentiality clauses that keep you from even speaking about the agreement at all.
• For example, in the case behind the board's ruling last month, Michigan hospital workers signed non-disparagement clauses and could only talk about the agreements with a spouse or adviser.

Details: The new memo, by NLRB general counsel Jennifer Abruzzo, explains that workers have the right, under the labor law, to speak publicly about...

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