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The National Labor Relations Act › NLRB General Counsel

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 +
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 practices by private sector managament and labor.  less -
Proskauer - Labor Relations Update

NLRB Delivers Ban on Captive-Audience Meetings in Amazon Case

Proskauer - Labor Relations Update on

Throwing out 75 Years of precedent in a single decision, on November 13, 2024, in Amazon.com Services LLC, the National Labor Relations Board (the “Board”) the Board overruled the seminal case of Babcock & Wilcox Co., 77 NLRB...more

Jackson Lewis P.C.

NLRB Overrules Standard on Employer Predictions for How Unionizing Impacts Employer-Employee Relationship

Jackson Lewis P.C. on

The National Labor Relations Board once again has reversed precedent. It will now use a case-by-case analysis to determine whether an employer’s statements about the negative impacts of unionization on the relationship...more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2024

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1. Former President Donald Trump’s Election Day victory leaves the National Labor Relations Board’s status uncertain, but a new general counsel appointment is likely. Currently, the Board has a 2-1 Democratic majority....more

Miller Nash LLP

NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements

Miller Nash LLP on

On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

Jackson Lewis P.C. on

Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Cozen O'Connor

Employment Law Now VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements

Cozen O'Connor on

NLRB General Counsel Jennifer Abruzzo joins Michael Schmidt today to discuss her latest memorandum finding that "stay or pay" provisions in employee agreements constitute illegal noncompetes under the National Labor Relations...more

Husch Blackwell LLP

Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault

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Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal...more

Robinson & Cole LLP

Legal Update: General Counsel Memorandum Urges NLRB to Find Certain Non-Compete Agreements and Stay-or-Pay Provisions Unlawful

Robinson & Cole LLP on

On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement...more

Benesch

NLRB’s General Counsel Declares “Stay-or-Pay” Provisions Unlawful, Employers Given 60 Days to Comply (Deadline: December 6, 2024)

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The top prosecutor for the National Labor Relations Board (the “NLRB”) warned employers that they have 60 days to redo or eliminate contracts containing “stay-or-pay” provisions, which require employees to continue working or...more

Orrick, Herrington & Sutcliffe LLP

NLRB General Counsel Cracks Down on Stay or Pay Provisions and Calls for Make Whole Remedies

Orrick, Herrington & Sutcliffe LLP on

The National Labor Relations Board (NLRB) General Counsel is cracking down on stay-or-pay provisions. Here are takeaways for employers from an October 7 memo: As a reminder, the NLRA only applies to non-supervisory employees,...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

BakerHostetler on

We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Nutter McClennen & Fish LLP

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

Nutter McClennen & Fish LLP on

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

Genova Burns LLC

FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-Competes

Genova Burns LLC on

In April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three...more

Bricker Graydon LLP

Employee Repayment Agreements - Safe from the NLRB?

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Consider finding a new job with a company: On your first day, the company explains that it will invest a significant amount of time and resources in training you. In return, the company expects you to sign a training...more

BCLP

NLRB General Counsel Targets Non-Competes and Stay-or-Pay Provisions

BCLP on

Last week, the National Labor Relations Board’s General Counsel Jennifer A. Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations Act...more

Locke Lord LLP

Commentary: NLRB Poised to Rule That Independent Contractor Misclassification Alone ‎Violates the Law, but Ruling Not Likely to...

Locke Lord LLP on

A recent decision by the National Labor Relations Board in a case involving workers who were classified by a company as independent contractors has provided a clear signal that the NLRB is likely to reverse its current law...more

Bond Schoeneck & King PLLC

NLRB General Counsel Continues Challenge to Non-Compete Agreements, Announces Position on Sign-On Bonuses and Other “Stay-or-Pay”...

Bond Schoeneck & King PLLC on

We previously reported that the National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo issued a memorandum in May 2023 advancing the position that non-compete agreements between employers and...more

Maynard Nexsen

NLRB’s General Counsel Urges Stricter Guidelines on Non-Competes and “Stay-or-Pay” Provisions

Maynard Nexsen on

On October 7, 2024, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released Memorandum GC 25-1 titled "Remedying the Harmful Effects of Non-Compete and 'Stay-or-Pay' Provisions that Violate the...more

Locke Lord LLP

NLRB About to Rule That Independent Contractor Misclassification Alone Violates Law

Locke Lord LLP on

Is independent contractor misclassification, standing alone, a violation of the National Labor Relations Act? Last month, the National Labor Relations Board issued a decision in a case involving workers who were found to be...more

Smith Gambrell Russell

NLRB General Counsel Expounds on the Illegality of Most Non-Compete Provisions and Declares Many “Stay-or-Pay” Provisions Illegal...

Smith Gambrell Russell on

On October 7, 2024, the General Counsel of the National Labor Relations Board (“NLRB”) issued a memorandum (the “Memorandum”) to all NLRB Regional Directors, Officers-in-Charge, and Resident Officers (i) expanding upon the...more

Faegre Drinker Biddle & Reath LLP

NLRB General Counsel’s Memo Attacks Employee Repayment Agreements and Expands Remedies

Faegre Drinker Biddle & Reath LLP on

On October 7, 2024, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 (Memo), setting forth aggressive new remedies for unlawful noncompete and “stay-or-pay” provisions as well...more

Cozen O'Connor

NLRB General Counsel Issues Memorandum Arguing Noncompetes are Illegal

Cozen O'Connor on

In May 2023, National Labor Relations Board’s General Counsel Jennifer Abruzzo issued Memorandum GC 23-08, taking the position that noncompete provisions violate the National Labor Relations Act (NLRA) except in limited...more

Jackson Lewis P.C.

NLRB General Counsel Declares ‘Stay-Or-Pay’ Provisions Unlawful: What Employers Need to Know

Jackson Lewis P.C. on

Takeaways: •The General Counsel expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisions - •Employers could soon face expanded remedies for proffering, maintaining, -or...more

King & Spalding

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

King & Spalding on

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

Epstein Becker & Green

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

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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

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