News & Analysis as of October 19, 2024

Hiring & Firing

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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 -

Snapshot on the Staffing Industry: NLRB GC’s Crackdown On “Stay-or-Pay” Provisions and Non-Competes Demands Your Attention

Fisher Phillips on 10/15/2024

Welcome to this edition of the FP Snapshot on the Staffing Industry. In this edition, we will take a look at the NLRB General Counsel’s October 7 memorandum attacking “stay or pay” provisions and non-compete agreements and...more

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

Hinshaw & Culbertson - Employment Law... on 10/11/2024

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

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 Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

Fisher Phillips on 10/8/2024

The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...more

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...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

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

Epstein Becker & Green on 6/14/2023

The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

Epstein Becker & Green on 6/14/2023

Non-Competes Under Fire from NLRB General Counsel

Nelson Mullins Riley & Scarborough LLP on 6/8/2023

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) outlining her position that the “proffer, maintenance, and enforcement” of non-competition provisions in employment...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 Ratchets Up Campaign Against Noncompete Agreements

Carlton Fields on 6/5/2023

On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more

#WorkforceWednesday: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance - Employment Law This Week®

Epstein Becker & Green on 7/21/2021

It's #WorkforceWednesday! This week, we focus on President Biden's recent push to limit non-compete agreements and finalize key labor and employment appointments. Biden Executive Order Seeks to Boost Competition President...more

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