News & Analysis as of

Employees Non-Compete Agreements Section 7

Epstein Becker & Green

NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions

Epstein Becker & Green on

National Labor Relations Board (“Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) issued a General Counsel Memo (Memo GC 25-01) last week signaling that employers could face civil prosecution and significant monetary...more

Frantz Ward LLP

Unlawful “Stay-or-Pay” Provisions and Non-Competes – Whether the Employee Stays or Goes, the NLRB’s General Counsel Says It May Be...

Frantz Ward LLP on

On Monday, October 7, 2024, the General Counsel of the National Labor Relations Board (NLRB) published Memorandum GC 25-01, continuing the NLRB’s years-long effort of targeting employment agreements viewed as restricting...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Jenner & Block

NLRB Settles Noncompete Regulatory Action

Jenner & Block on

In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates...more

Seyfarth Shaw LLP

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

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The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants...more

Littler

Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Littler on

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one...more

Spilman Thomas & Battle, PLLC

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023

On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more

Proskauer - Labor Relations Update

It Begins…NLRB Regional Director Targets Noncompetes in New Complaint

As recently foreshadowed, the National Labor Relations Board (“NLRB” or “Board”) now appears poised to weigh in on whether noncompete agreements, even those that may be legal under state law, violate the National Labor...more

Seyfarth Shaw LLP

We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

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The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more

DarrowEverett LLP

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

Manatt, Phelps & Phillips, LLP

The NLRB Recently Takes Bold Action

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo released a memorandum taking a strong position against the use of noncompete provisions in employment contracts, stating that such provisions generally violate the...more

Spilman Thomas & Battle, PLLC

NLRB General Counsel Versus Covenants Not to Compete: What This Latest Fight Means for Your Business

In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more

Epstein Becker & Green

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

Epstein Becker & Green on

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Epstein Becker & Green

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

Epstein Becker & Green on

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

Steptoe & Johnson PLLC

NLRB's General Counsel Declares That Non-Compete Agreements Should Be Unenforceable

On May 30, Jennifer A. Abruzzo, general counsel for the National Labor Relations Board (NLRB), issued new directives regarding the enforceability of non-compete agreements. Abruzzo’s memorandum contends generally that...more

K&L Gates LLP

NLRB General Counsel Seeks to Outlaw Most Noncompetition Agreements

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Introduction - On 30 May 2023, the Office of the General Counsel (the General Counsel) of the National Labor Relations Board (the Board) issued a policy memo (30 May GC Memo) expressing its position that noncompetition...more

Bradley Arant Boult Cummings LLP

Noncompetes Back in the Crosshairs: NLRB Takes Its Shot at Noncompetition Agreements

Can you still have noncompete agreements with your employees? There has been a lot of buzz about this issue, and this week the general counsel of the National Labor Relations Board joined the conversation with a memorandum,...more

Davis Wright Tremaine LLP

NLRB General Counsel Moves to Invalidate Noncompete Agreements

On May 30, 2023, the General Counsel of the National Labor Relations Board, Jennifer Abruzzo, issued Memorandum GC 23-08, setting forth her view that noncompete provisions in employment contracts and severance agreements...more

ArentFox Schiff

NLRB General Counsel Asserts That Non-Competition Agreements For Non-Management and Non-Supervisory Employees Are Unlawful

ArentFox Schiff on

On May 30, 2023, Jennifer Abruzzo, General Counsel of the National Labor Relations Board (NLRB), published a controversial enforcement memorandum asserting that most post-employment non-competition agreements for...more

Littler

NLRB General Counsel Abruzzo Targets Employee Non-Competes under NLRA

Littler on

On May 30, 2023, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. In the memorandum, Abruzzo urges the National Labor Relations Board to...more

Mintz

Who (Actually) is the Boss (Take Two)? The NLRB Takes on Non-Competes

Mintz on

A few months ago, we wrote about the NLRB General Counsel's opinion that some non-disparagement and confidentiality provisions in employment agreements potentially interfered with employees' NLRA Section 7 rights. That...more

Keating Muething & Klekamp PLL

New NLRB General Counsel Guidance Threatens Ability to Enforce Non-Compete Agreements

Employers seeking to enforce non-compete agreements against their former employees will face a new hurdle following the latest news out of Washington, DC. National Labor Relations Board (“NLRB”) General Counsel Jennifer A....more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

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