News & Analysis as of September 17, 2024

Restrictive Covenants

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The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... 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

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

Seyfarth Shaw LLP on 2/28/2024

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

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

Miles & Stockbridge P.C. on 2/8/2024

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

Most Non-Compete Agreements Violate Federal Labor Law, According to New Advice Memorandum from NLRB General Counsel

Morgan, Brown & Joy, LLP on 6/8/2023

National Labor Relations Board General Counsel Jennifer Abruzzo has proclaimed that, except in limited circumstances, non-compete agreements generally violate Section 8(a)(1) of the National Labor Relations Act (“NLRA”). In a...more

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

Morgan Lewis on 6/7/2023

The US National Labor Relations Board’s (NLRB’s) general counsel issued guidance on May 30 announcing that noncompete provisions contained in many employment agreements violate the National Labor Relations Act unless narrowly...more

NLRB Guidance Declares Non-Competes Unlawful

Harris Beach PLLC on 6/6/2023

Non-compete agreements continue to face intense scrutiny from government authorities. On May 30, the General Counsel for the National Labor Relations Board (“NLRB” or “Board”) issued a guidance memorandum opining that...more

Important Updates on Non-Compete Employment Agreements

CDF Labor Law LLP on 6/6/2023

Employers following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships may be relieved to learn that the FTC is not expected to vote on its...more

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

Franczek P.C. on 6/6/2023

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...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

NLRB General Counsel: Most Non-Compete Agreements Violate Federal Labor Law

Kilpatrick on 6/6/2023

Historically, non-compete agreements between employer and employee have been matters of state law. However, in recent years, federal agencies have commenced efforts to curtail their use. For example, the Federal Trade...more

Many Non-Compete Agreements Violate Federal Law According to NLRB’s Chief Prosecutor: Your Top 7 Questions Answered

Fisher Phillips on 6/1/2023

Employers should review their non-compete agreements now that the NLRB General Counsel announced that many of them violate federal labor law – regardless of whether you have a unionized workforce. General Counsel Jennifer...more

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The National Labor Relations Act › Federal Labor Laws › Restrictive Covenants

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