Tyler Sims at Littler

Florida’s CHOICE Act Offers Employers Two New Types of Agreements to Prevent Unfair Competition by Highly Compensated Former...

On June 18, 2025, the Florida legislature presented Governor Ron DeSantis with the Florida Contracts Honoring Opportunity, Investment, Confidentiality, and Economic Growth (CHOICE) Act. It is expected that Governor DeSantis...more

7/7/2025 / Employees , Employer Responsibilities , Employment Contract , Florida , Highly Compensated Employees , Independent Contractors , New Legislation , Non-Compete Agreements , Regulatory Requirements , State Labor Laws

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as...more

12/20/2024 / Collective Actions , Employee Definition , Independent Contractors , NLRA , NLRB , Wage and Hour

NLRB General Counsel Explains What Remedies She Wants for Non-Competes She Considers Illegal and Promises Crack-Down on...

On October 7, 2024, National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued GC Memorandum 25-01, consisting of two parts. First, the GC urges the NLRB to provide make-whole relief to employees if the Board...more

10/14/2024 / Employment Contract , Federal Labor Laws , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Policy Memorandums , Restrictive Covenants , Section 7

Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one...more

2/15/2024 / Employees , Employer Liability Issues , Employment Contract , NLRA , NLRB , Non-Compete Agreements , Restrictive Covenants , Section 7

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

12/20/2023 / Corporate Counsel , Employment Contract , Federal Trade Commission (FTC) , Former Employee , Intellectual Property Protection , NLRB , Non-Compete Agreements , Restrictive Covenants , Trade Secrets , Unfair Competition

NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act. GC Memo 23-08 did not expressly condemn...more

9/15/2023 / NLRA , NLRB , Non-Compete Agreements , Non-Solicitation Agreements , Restrictive Covenants

NLRB General Counsel Abruzzo Targets Employee Non-Competes under NLRA

On May 30, 2023, General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08, Non-Compete Agreements that Violate the National Labor Relations Act. In the memorandum, Abruzzo urges the National Labor Relations Board to...more

6/2/2023 / Employees , Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

New Jersey’s New Year’s Resolution: A New Law Limiting Restrictive Covenants?

Currently pending in the New Jersey Legislature is a bill that would upend decades of New Jersey jurisprudence governing restrictive covenants in employment contracts and severance agreements, and impose an array of new...more

1/17/2023 / Employer Liability Issues , Employment Contract , Former Employee , Hiring & Firing , Labor Reform , New Jersey , Proposed Legislation , Regulatory Agenda , Restrictive Covenants , Severance Agreements , State Labor Laws

NLRB Expands Jurisdiction in Church-Operated Schools, Distinguishing Between "Religious" and "Secular" Instruction in Faculty...

In two recent cases, the National Labor Relations Board distinguished between faculty members providing secular instruction and those providing religious instruction, in concluding that only those providing religious...more

9/21/2016 / Bargaining Units , Educational Institutions , Establishment Clause , First Amendment , Free Exercise Clause , NLRA , NLRB , Religious Institutions , Religious Schools , Teachers

Tyler Sims

Littler

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