News & Analysis as of

The National Labor Relations Act Non-Compete Agreements Employment Policies

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Dickinson Wright

Orbiting Opportunity: Why Relocating Employees to Florida is a Strategic Magnet for Retaining Mission-Critical Staff

Dickinson Wright on

With the Federal Trade Commission’s non-compete ban out of the picture, the Supreme Court barring most universal injunctions, and the National Labor Relations’ Board directive identifying non-compete agreements as violating...more

Vorys, Sater, Seymour and Pease LLP

NLRB Signals New Direction: Acting GC Revokes Key Predecessor Memos

On February 14, 2025, the National Labor Relations Board’s (NLRB) Acting General Counsel (GC) William B. Cowen circulated a GC memorandum to all NLRB field offices, revoking certain GC memoranda issued by former General...more

McAfee & Taft

Change on the horizon: The NLRB’s continued shift toward more employer-friendly policies

McAfee & Taft on

Under the Biden administration, the National Labor Relations Board was aggressive in implementing employee- and union-friendly decisions and interpretations of the National Labor Relation Act. Within a week of being sworn in,...more

Fisher Phillips

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

Fisher Phillips on

Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Poyner Spruill LLP

Acting General Counsel for NLRB Signals Change in Employment Policies Under Trump Administration

Poyner Spruill LLP on

On February 14, 2025, William B. Cowen, who is the Acting General Counsel for the National Labor Relations Board (“NLRB” or “Board”) released a memo, which rescinded prior memos issued by Jennifer Abruzzo, who served in the...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

Maynard Nexsen on

On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Whiteford

Employment Law Update: Rescinding of General Counsel Memos Signals Policy Changes Ahead for NLRB

Whiteford on

A change in presidential administrations generally results in a wide array of new developments for federal agencies. That is particularly true for the National Labor Relations Board, which has broad jurisdiction over union...more

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Steptoe & Johnson PLLC

Acting NLRB General Counsel Rolls Back Biden-Era Guidance Memos

Steptoe & Johnson PLLC on

Details On February 14, the acting General Counsel (GC) of the National Labor Relations Board (NLRB), William Cowen, announced the rescission of memoranda issued by his predecessor under the Biden administration. The...more

Fox Rothschild LLP

New NLRB Counsel Overturns Biden-Era Policies, Signaling Pro-Employer Shift

Fox Rothschild LLP on

With one stroke of his pen, the National Labor Relations Board’s (NLRB) new Acting General Counsel, William Cowen, has effectively dismantled more than two dozen key Biden-era initiatives that favored employees and unions. ...more

Ballard Spahr LLP

NLRB Acting General Counsel Rescinds Numerous Biden-Era Guidance Memoranda

Ballard Spahr LLP on

The National Labor Relations Board’s Acting General Counsel has moved quickly to undo the work of his predecessor, a Biden appointee, who President Trump recently removed from office. On February 14, 2025, Acting General...more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

Cozen O'Connor on

For the second time in four years, a U.S. president has quickly dismissed the general counsel of the National Labor Relations Board (NLRB), and replaced them with a new acting general counsel, who then immediately issued a...more

Adler Pollock & Sheehan P.C.

NLRB Acting General Counsel Rescinds Numerous General Counsel Memoranda of His Biden Era Predecessor

On Friday, February 14, 2025, Acting General Counsel of the National Labor Relations Board, William B. Cowen issued General Counsel Memoranda 25-05 rescinding in full, numerous General Counsel Memoranda of his predecessor,...more

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

Payne & Fears on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (NLRB) issued Memorandum GC 25-05, rescinding certain memoranda issued by the former General Counsel. Former General Counsel Jennifer A....more

Benesch

No Love Lost: Acting National Labor Relations Board General Counsel Rescinds Litany of Former GC Abruzzo’s Policy Memoranda in...

Benesch on

Signaling a strong shift away from the policy positions of the former administration, Acting National Labor Relations Board (“NLRB”) General Counsel William Cowen issued a GC Memorandum on February 14, 2025, rescinding 31 GC...more

Littler

Acting NLRB General Counsel Rescinds Controversial Memoranda

Littler on

On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowen issued Memorandum 25-05, rescinding more than a dozen policy memos issued by his predecessor. Cowen cited an unsustainable backlog of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Acting General Counsel Rescinds Many of Predecessor’s Memos, Sets Stage for New Labor Policy

On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, including regarding remedies, rights of college...more

Cozen O'Connor

Employment Law Now VIII-153 - NLRB General Counsel on Illegal "Stay or Pay" Employee Agreements

Cozen O'Connor on

NLRB General Counsel Jennifer Abruzzo joins Michael Schmidt today to discuss her latest memorandum finding that "stay or pay" provisions in employee agreements constitute illegal noncompetes under the National Labor Relations...more

Fisher Phillips

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

Fisher Phillips on

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

Foster Swift Collins & Smith

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

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

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

DarrowEverett LLP

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

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The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

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