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National Labor Relations Board › Enforcement Actions › Non-Compete Agreements

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Bradley Arant Boult Cummings LLP

The NLRB’s 2025 U-Turn: Stay Buckled

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As many of you no doubt read in our Bradley Labor and Employment Practice Group publications and many other sources, the Biden presidency was probably the most pro-union administration in history, and the actions of the...more

Baker Donelson

[Webinar] Protecting Your Competitive Edge and Avoiding Agency Enforcement - April 30th, 9:00 am - 10:30 am ET

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The FTC Non-Compete Rule, recent National Labor Relations Board rulings, and other agency and state actions have put a spotlight on government efforts to address competition. We will address those actions, the associated...more

Vorys, Sater, Seymour and Pease LLP

NLRB Signals New Direction: Acting GC Revokes Key Predecessor Memos

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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

Holland & Knight LLP

Acting National Labor Relations Board General Counsel Rescinds Biden-Era Memoranda

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Under the new Trump Administration, there has been a number of recent developments at the National Labor Relations Board (Board) affecting employers. In particular, the Board's new general counsel (GC), William B. Cowen, has...more

Morrison & Foerster LLP

Non-Compete Round Up- FTC, NLRB, California and Delaware

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As we approach the end of the first quarter in 2025, we have seen notable developments in non-compete law over the last 12 months. As the new administration decides what to do with non-competes at the federal level, state...more

DLA Piper

NLRB Acting General Counsel Rescinds Dozens of Predecessor’s Directives, Signals New Agency Priorities

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The National Labor Relations Board (NLRB) Acting General Counsel (GC) William Cowen issued GC Memo 25-05 to agency personnel in all field offices on February 14, 2025, seeking to refine the allocation of NLRB resources by...more

Vorys, Sater, Seymour and Pease LLP

Ushering in a New Era: NLRB Acting General Counsel Revokes Memos from Predecessor

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After just 11 days in his new role, in mid-February, 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 Counsel...more

ArentFox Schiff

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

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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

Seyfarth Shaw LLP

Acting NLRB General Counsel Rescinds Biden-Era Policy Guidance on Non-Compete Agreements

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On February 14, 2025, NLRB Acting General Counsel William B. Cowan rescinded a number of active General Counsel Memoranda citing an increasing “backlog of cases [grown] to the point where it is no longer sustainable.” Among...more

Genova Burns LLC

Acting NLRB General Counsel Scraps Predecessor's Memos, Signals a New Direction

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On Valentine’s Day, the Acting NLRB General Counsel, William B. Cowen, delivered a greeting card of sorts to his staff and the public signaling a new direction for the agency....more

Dorsey & Whitney LLP

Biden Administration Labor Law Initiatives Swept Away

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In a widely expected move, Acting National Labor Relations Board (“NLRB”) General Counsel William Cohen rescinded a range of Biden Administration labor-law policies, including high-profile directives that targeted...more

Cozen O'Connor

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

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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

Payne & Fears

The NLRB Rescinds Certain General Counsel Memoranda

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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...

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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

Mogin Law LLP

Biden Antitrust Teams' Reminders for Employers. Will Trump 2.0 Care?

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In the closing days of the Biden administration, antitrust law enforcers issued cautions to employers about conduct that could draw criminal charges against them. One is the use of restrictive non-disclosure agreements that...more

Paul Hastings LLP

Private Company Report: Fourth Quarter 2024

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This edition of the Private Company Report highlights critical updates and regulatory changes affecting private companies, including a temporary stay on the enforcement of the new beneficial ownership reporting requirements...more

Kohrman Jackson & Krantz LLP

New NLRB Memo Targets Non-Compete & Stay-or-Pay Policies: Key Updates for Employers

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NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 25-01 on October 7, 2024, announcing her goal to remedy the alleged harmful effects she views inherent to overly broad non-compete and stay-or-pay provisions by...more

Ruder Ware

Breaking News: Noncompete Ban Not Dead Yet!

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As you know, the Federal Trade Commission (FTC) previously issued a rule that would ban most employee noncompetes throughout the United States.  See our previous updates NLRB Seeks Aggressive Enforcement Against Employers for...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Epstein Becker & Green

NLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a Business’...

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On September 12, 2024, the Regional Director of the National Labor Relations Board’s (“NLRB”) Region 22 in Newark, New Jersey, issued an unfair labor practice complaint against a New Jersey building services company, alleging...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

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As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...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

Parker Poe Adams & Bernstein LLP

NLRB Files Complaint Over Employer's Use of Noncompetes and Reimbursement Requirements

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Earlier this year, the National Labor Relations Board’s General Counsel released a memorandum taking the position that many employers’ use of noncompetition and related agreements violates the National Labor Relations Act by...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q2 2023

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Welcome to our Q2 Trade Secret and Restrictive Covenant Update. As you can tell from the update, Q2 was a busy quarter in this space from both a regulatory, legislative, civil litigation and criminal litigation perspective....more

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