NLRB, Non-Disclosure Agreement

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

Mogin Law LLP on 1/24/2025

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

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

Neal, Gerber & Eisenberg LLP on 12/20/2024

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Sixth Circuit Explicitly Sidesteps the NLRB’s McLaren Macomb Decision

Mintz - Employment Viewpoints on 9/25/2024

The Sixth Circuit Court of Appeals recently declined to comment on the National Labor Relations Board’s (the “Board”) McLaren Macomb decision which took aim at overbroad non-disparagement and non-disclosure agreements....more

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on 9/16/2024

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on 7/3/2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Husch Blackwell LLP on 5/1/2024

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 2/21/2024

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

Beyond the Horizon: What Employers Need to Know About the Latest Non-Compete Proposed Rules

Haynsworth Sinkler Boyd, P.A. on 1/16/2024

During a recent webinar, Denny Major discussed the latest updates employers need to know about non-compete agreements and overtime requirements. In this blog post, Denny will highlight key takeaways and considerations for...more

Year in Review: Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to...

Mintz Edge on 1/5/2024

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023

Spilman Thomas & Battle, PLLC on 12/28/2023

On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements, including non-disclosure, confidentiality, and non-compete agreements. Employers need to...more

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Spilman Thomas & Battle, PLLC on 12/21/2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Mintz - Employment Viewpoints on 12/20/2023

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Workplace Law Update: 10 Essential Items on Your December To-Do List

Fisher Phillips on 12/4/2023

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Developments in Employee Mobility: California’s SB 699, New York’s 203-f and FTC/DOL Collaboration

Paul Hastings LLP on 10/9/2023

Employers take note: a series of recent developments could impact employment agreements across the country. SB 699: A New Addition to California Non-Compete Law- Under California Business and Professions Code Section...more

Evaluate the Risks When Using Non-Competes

Ruder Ware on 9/28/2023

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more

Labor law roundup

Constangy, Brooks, Smith & Prophete, LLP on 9/1/2023

I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...more

FTC to Dealmakers: Don’t Interfere with Investigations

Proskauer - Minding Your Business on 7/11/2023

On June 15, 2023, the Federal Trade Commission’s Bureau of Competition issued a statement on the relationship between voluntary interviews with the agency and contractual provisions that require or limit the disclosure of...more

New York Assembly Passes Bill to Ban Non-Compete Agreements

Genova Burns LLC on 6/27/2023

On June 20, 2023, the New York State Assembly passed a bill (A1278B) to make non-compete agreements unlawful. The New York State Senate previously passed the bill’s counterpart (S3100A)....more

Virginia Employment Law Update: Important Changes Effective July 1, 2023

FordHarrison on 6/6/2023

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

ArentFox Schiff on 5/31/2023

In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel...

Husch Blackwell LLP on 4/28/2023

In the second installment of this two-part Labor Law Insider podcast, attorneys Terry Potter and Tom O’Day join host Tom Godar to discuss the impact of the National Labor Relations Board decision of McLaren Macomb, as well as...more

What’s Next: How to Respond to the National Labor Relations Board (NLRB) Current Policies Surrounding Confidentiality and...

Verrill on 4/19/2023

The Background: McLaren Macomb - On February 21, 2023, the National Labor Relations Board (“the Board”) decided McLaren Macomb, a case where a hospital offered severance pay to eleven permanently furloughed employees in...more

NLRB Issues Guidance on the Recent Mclauren Macomb Decision

Keating Muething & Klekamp PLL on 4/19/2023

On February 21, 2023, the National Labor Relations Board (NRLB or the “Board”) issued a decision in Mclauren Macomb, 372 NLRB No. 58 (2023), holding that severance agreements that contain broad confidentiality and/or...more

The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel...

Husch Blackwell LLP on 4/13/2023

The Labor Law Insider invites two experienced counsel, attorneys Terry Potter and Tom O’Day, to explore the implications of the National Labor Relations Board’s decision in McLaren Macomb, issued in late February, as well as...more

NLRB Decision Restricts the Use of Confidentiality and Non-Disparagement Provisions

Foster Garvey PC on 4/12/2023

On February 21, 2023, in McLaren Macomb, the National Labor Relations Board (the “Board”) held that an employer violates the National Labor Relations Act (“NLRA”) by proffering broadly drafted confidentiality and...more

National Labor Relations Board › Non-Disclosure Agreement

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