News & Analysis as of October 13, 2024

Restrictive Covenants

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Hinshaw & Culbertson - Employment Law... on 10/11/2024

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

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

Seyfarth Shaw LLP on 7/19/2024

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

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

Spilman Thomas & Battle, PLLC on 12/28/2023

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

Did the NLRB Preempt Non-Compete Litigation?

Seyfarth Shaw LLP on 6/6/2023

Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain...more

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 4/30/2019

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

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