News & Analysis as of October 19, 2024

Corporate Counsel

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

Husch Blackwell LLP on 10/9/2024

On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

NLRB General Counsel Expands Focus on Non-Compete Agreements and Stay-Or-Pay Agreements

Keating Muething & Klekamp PLL on 10/8/2024

This summer, eyes were focused on the Federal Trade Commission and its announced rule seeking to invalidate millions of non-compete agreements across the country. That rule was ultimately struck down in the Court, but federal...more

Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers

Fisher Phillips on 11/27/2023

Many employers had trouble keeping up with the dizzying pace of new directives from the National Labor Relations Board (NLRB) in 2023. And these changes may have prompted you to review and update your employee relations...more

NLRB General Counsel Memo Seeks Aggressive Enforcement Against Employee Non-Competes

Morrison & Foerster LLP on 6/6/2023

On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with...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

No Limits: Non-Compete Agreements Next Up on NLRB General Counsel Chopping Block

Proskauer - Labor Relations Update on 5/31/2023

Following the National Labor Relations Board’s (“NLRB”) highly-controversial decision in McLaren Macomb declaring most confidentiality and non-disparagement clauses in separation agreements to be unlawful, General Counsel...more

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