News & Analysis as of

National Labor Relations Board Employees Federal Trade Commission (FTC)

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Shutts & Bowen LLP

Breaking News: Federal Judge Blocks Nationwide Implementation of the FTC’s New Rule Banning Noncompete Agreements

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On August 20, 2024, U.S. District Judge Ada Brown in Texas issued a final order in the pending case, Ryan v. FTC, holding that the Federal Trade Commission (FTC) exceeded its authority in issuing a ban on noncompete clauses....more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Spilman Thomas & Battle, PLLC

Walking the Tightrope to Enforce a Non-Compete in 2024

Non-competition agreements are not doing so hot. Recently, more states have outlawed or tightened restrictions on them, and the federal government has stepped into the fray in policing them. For example, the Federal Trade...more

Troutman Pepper

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

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Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Bradley Arant Boult Cummings LLP

Four New Year’s Resolutions for Employers

New Year’s resolutions are common. Many people attempt a “dry” January. Others a dry February, because there are less days in the month. As we close out the first month of 2024 here are four proposed New Year’s resolutions...more

Seyfarth Shaw LLP

2023 Trade Secrets Webinar Series Recap: Key Takeaways and Access to Recordings

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In 2023, Seyfarth’s Trade Secrets, Computer Fraud & Non-Compete practice group presented a series of dynamic and insightful CLE webinars, addressing pivotal challenges confronting businesses head-on. The breadth of our...more

Mintz - Employment Viewpoints

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Proskauer - Labor Relations Update

U.S. Chamber Strikes Back At NLRB Joint-Employer Rule

On November 9, 2023, the United States Chamber of Commerce (“Chamber”) and a coalition of business groups filed suit in the Eastern District Court of Texas against the National Labor Relations Board (“NLRB”), alleging the...more

Perkins Coie

FTC Targets Contractual Restrictions on Voluntary Cooperation

Perkins Coie on

The staff of the Federal Trade Commission (FTC) Bureau of Competition issued a statement on June 15, 2023, sternly criticizing the use of confidentiality and nondisclosure agreements that “impede” the FTC’s ability to conduct...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

Cranfill Sumner LLP

The War on Noncompete Agreements: NLRB General Counsel Says the NLRA Forbids Them

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On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum arguing that noncompete agreements, in most circumstances, violate Sections 7 and 8 of the National Labor...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

Stradling Yocca Carlson & Rauth

The NLRB Strikes Again, this Time It’s Noncompete Agreements

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash: Special Edition

The new year has brought a slew of changes in state laws, including those governing employee leave, privacy, as well as workplace discrimination and harassment. The federal Pregnant Workers Fairness Act and PUMP Act added...more

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

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The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memorandum on Increased Inter-Agency Coordination, Collaboration

The National Labor Relations Board is pushing forward with its plan to cooperate more closely with other Federal agencies tasked with overseeing employment law. This follows an announcement in November 2021 that the National...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

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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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