Sara Robertson, a management-side associate at Polsinelli Law Firm, said she was “disappointed” that Abruzzo didn’t provide examples of permissible provisions.

“I think it’s clear that the NLRB general counsel is trying to dissuade employers from using these provisions at all,” Robertson said in an interview. “We are left with the same language from the McLaren decision which is vague and confusing. It’s not a particularly productive use of guidance.”