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NLRB General Counsel Expands Crackdown on Non-Competes with New Focus on ‘Stay-or-Pay’ Agreements

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released GC Memo 25-01 on October 7, 2024 further urging the Board to find non-compete agreements, particularly “stay-or-pay” practices, unlawful and...more

10/16/2024 / Contract Terms , Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

New NLRB Rules Favor Mandatory Union Recognition & Limit Employee Voting in Secret-Ballot Elections

The National Labor Relations Board drastically changed the process for unions seeking recognition of most private sector employees in the United States. Abandoning 50 years of established law, in Cemex Construction Materials...more

8/28/2023 / Employer Liability Issues , NLRB , NLRB General Counsel , Unfair Labor Practices , Union Organizers , Unions

NLRB General Counsel: Noncompete Agreements Violate Federal Labor Law

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

6/7/2023 / Employer Liability Issues , Federal Labor Laws , Labor Law Violations , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Section 7 , Severance Agreements

US Supreme Court Invalidates NLRB Acting General Counsel Appointment

Employers should assess the impact of this decision in any NLRB case that was prosecuted by former acting General Counsel Lafe Solomon. On March 21, the US Supreme Court in a 6-2 decision in NLRB v. S.W. General, Inc....more

3/29/2017 / Administrative Appointments , Federal Vacancies Reform Act , NLRB , NLRB General Counsel , NLRB v SW General , SCOTUS , Unfair Labor Practices

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