NLRA, Enforcement

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

Nutter McClennen & Fish LLP on 10/28/2024

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

NLRB General Counsel Announces Intention to Pursue Expansive Remedies for Non-Compete Agreements and to Target So-Called “Stay or...

King & Spalding on 10/21/2024

On October 7, 2024, National Labor Relations Board (“NLRB”) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, where she argues for expansive remedies for employers who violate the National Labor Relations Act...more

New California Law – SB 399 – Potentially Limits Employers’ Free Speech Rights

ArentFox Schiff on 10/18/2024

On September 30, California Governor Gavin Newsom signed into law SB 399, the “California Worker Freedom from Employer Intimidation Act.” SB 399, which goes into effect on January 1, 2025, will prohibit employers from holding...more

2023 Trade Secrets End of Year Report

ArentFox Schiff on 3/13/2024

2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

NLRB, OSHA Pledge to Partner on Increased Enforcement Efforts

Miles & Stockbridge P.C. on 11/13/2023

The National Labor Relations Board (NLRB) and the Occupational Safety and Health Administration (OSHA) recently entered into a new Memorandum of Understanding (MOU) under which the two agencies have agreed to work together to...more

New York Labor Law Amendments Target Captive Audience Meetings

Harris Beach PLLC on 9/14/2023

New York Governor Kathy Hochul signed a bill on September 6, 2023, which expands Section 201-d of the New York Labor Law to provide employees with protection from the political and religious ideologies of their employer. The...more

Minnesota Reforms Law to Ban (Almost) All Noncompete Agreements

Holland & Hart LLP on 8/4/2023

Agreements not to compete have existed as part of the common law for hundreds of years.1 These restraining agreements are designed to reduce economic harm to an employer when a “key” employee departs and are often required at...more

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Bradley Arant Boult Cummings LLP on 6/15/2023

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

NLRB General Counsel Says Non-Compete Agreements Usually Violate U.S. Labor Law

Foley & Lardner LLP on 6/6/2023

The increasingly loud anti-non-compete chorus gained another voice last week. On May 30, 2023, the General Counsel of the National Labor Relations Board issued Memorandum GC-23-08 (“Memo”), in which she posits that the...more

The Labor Law Insider - Pause Before You Discipline: NLRB Turns Against Civility in Lion Elastomers Decision

Husch Blackwell LLP on 6/6/2023

Host Tom Godar and his guest Rufino Gaytán tackle the newly expanded protections offered employees under the National Labor Relations Board’s Lion Elastomers decision, published May 1, 2023. As part of the ping-pong effect of...more

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

Sheppard Mullin Richter & Hampton LLP on 5/2/2023

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

Steptoe & Johnson PLLC on 11/14/2022

On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

Beware - Increased Scrutiny on NDAs

Williams Mullen on 9/30/2022

Last month, a Maine law went into effect banning the use of non-disclosure agreements (NDAs) that have the effect of silencing employee complaints of workplace misconduct. It is merely the latest in a growing list of...more

U.S. Department of Labor, National Labor Relations Board, U.S. Equal Employment Opportunity Commission Align to End Retaliation,...

U.S. Equal Employment Opportunity Commission... on 11/10/2021

Joint Initiative Launches With Online Dialogue Nov. 17 - WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB) today...more

Private Employers Beware as NLRB Ramps Up Enforcement

Smith Debnam Narron Drake Saintsing & Myers,... on 11/3/2021

During the Obama administration, the National Labor Relations Board (NLRB) aimed at employment policies prohibiting employees’ use of private employers’ equipment, including work emails and IT resources, and certain policies...more

Seven Things To Know About The Biden NLRB’s New “Road Map”

Woods Rogers on 9/24/2021

The NLRB General Counsel’s Office is not wasting any time making changes to national labor law policy. General Counsel Jennifer Abruzzo recently issued her third memorandum in just two months. Abruzzo’s first memo,...more

NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers

Snell & Wilmer on 8/23/2021

In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers...more

NLRB Asks D.C. Circuit to Revive Review of Joint Employer Standard Under BFI; Hy-Brand Decision Vacated Following NLRB Ethics...

Sheppard Mullin Richter & Hampton LLP on 3/5/2018

On March 1, 2018, the Deputy Associate General Counsel for the National Labor Relations Board (“NLRB”) asked the D.C. Circuit to revive its review of the Obama-era Browning-Ferris Industries, 362 NLRB No. 186 (2015) (“BFI”)...more

Raising the Stakes: National Labor Relations Board Expands Remedies for Labor Law Violations

BakerHostetler on 11/4/2014

The price of poker just went up for employers facing unfair labor practice charges before the National Labor Relations Board (NLRB, or Board). On October 24, 2014, the NLRB asserted that it had broad authority to order...more

NLRB Continues Its Busy Summer with Important New Decisions on Weingarten Rights, Noel Canning Issues

Franczek P.C. on 8/14/2014

The National Labor Relations Board continued its busy summer over the past two weeks. First, the Board issued a decision reaffirming the importance it places on an employee’s Weingarten rights, even if they impede an...more

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

Cranfill Sumner LLP on 7/25/2014

In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

Failed Attempts to Enforce Employee Non-Compete and Confidentiality Agreements: On Employees of Acquired Companies in North...

Moore & Van Allen PLLC on 5/6/2014

Non-competition and confidentiality agreements can serve as invaluable tools to safeguard against the loss of confidential and proprietary information through current and former employees. However, recent state and federal...more

The National Labor Relations Board 2013 Year in Review - An Overview of the Board’s Significant Actions

McNees Wallace & Nurick LLC on 2/19/2014

Introduction - From the looks of it, 2013 was a very rough year for the National Labor Relations Board (Board)! Last year, we reported that the Board would face some serious legal battles in 2013. Some of those...more

Employment And Labor Law Alert: Expect The NLRB's Aggressive Agenda To Go Full-Speed Ahead Following Griffin's Confirmation

Stinson LLP on 11/4/2013

Now that the U.S. Senate has confirmed Richard Griffin, Jr. as general counsel to the National Labor Relations Board, employers can expect the NLRB to continue its aggressive enforcement of the National Labor Relations Act. ...more

A Decade In The Making: What Employers Can Expect From A Fully Staffed NLRB

Sheppard Mullin Richter & Hampton LLP on 10/29/2013

On July 30, 2013, the United States Senate confirmed all five of President Obama’s nominees to the National Labor Relations Board (“NLRB” or the “Board”), marking the first time in 10 years that the NLRB has a full complement...more

The National Labor Relations Act › Enforcement

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