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National Labor Relations Board › Unfair Competition

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 -
Kohrman Jackson & Krantz LLP

DOJ and FTC Target Non-Compete Challenge as Antitrust Violation

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During the run-up to President Trump’s inauguration, the U.S. Department of Justice and the Federal Trade Commission issued their collective “Guidelines” to explain how they will assess whether business practices violate the...more

Littler

2024’s Top Stories in Unfair Competition and Trade Secrets Law

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2024 was quite a year in unfair competition and trade secrets law, with the Federal Trade Commission’s final rule on non-competes garnering widespread mainstream media attention. While the FTC final rule has been set aside...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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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

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

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This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

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After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

Warner Norcross + Judd

FTC Noncompete Rule Set Aside with Nationwide Effect

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On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more

Parker Poe Adams & Bernstein LLP

FTC Again Signals Strong Focus on Independent Contractor Misclassification Actions

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The Federal Trade Commission (FTC) continued its steady march toward broadening its enforcement over labor and employment conduct using antitrust laws in early February when Commissioner Alvaro Bedoya declared that the...more

Morgan Lewis

FTC Usurping NLRB and DOL?

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Commissioner Alvaro Bedoya wants to challenge worker misclassification under Section 5 of the Federal Trade Commission (FTC) Act. His broad interpretation of the “unfair methods of competition” language in Section 5 of the...more

Davis Wright Tremaine LLP

FTC Commissioner Bedoya Signals Agency's Expansion Into Labor Matters

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FTC Commissioner Alvaro Bedoya proposed expanding the agency's power under Section 5 of the FTC Act to situations where employers improperly classify workers as independent contractors. Section 5 of the FTC Act broadly...more

Littler

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

Littler on

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

Williams Mullen

More Attacks on Employee Separation Agreements; Now the SEC Joins the Fray

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In early September, the Securities and Exchange Commission (“SEC” or “Commission”) settled a charge it brought against Monolith Resources, LLC, a Nebraska-based energy and technology company. The SEC claimed in the charge...more

Nutter McClennen & Fish LLP

Non-Compete Roundup: Outright Non-Compete Bans Pass; More Pending

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As momentum for regulation of non-competes grows at the federal level, states continue to pass restrictive non-compete legislation on their own. As previously reported, on January 5, 2023 the Federal Trade Commission...more

Benesch

Impact of FTC Proposed Rulemaking: The Future of Non-Competition Covenants

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Non-competition agreements are currently in a volatile state, and the future of their enforceability has been called into question by the current administration, and several state legislatures enacting limitations (and in...more

WilmerHale

States Continue Trend of Banning Employee Non-Competes

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Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more

Perkins Coie

NLRB and FTC Jointly Issue MOU on Information Sharing, Training, and Outreach

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The National Labor Relations Board (NLRB) and the Federal Trade Commission (FTC), on July 19, 2022, jointly issued a memorandum of understanding (MOU) regarding information sharing, cross-agency training, and outreach of...more

BakerHostetler

FTC and DOJ MOUs with NLRB Reflect the Administration’s Ongoing Focus on Restrictive Labor Relationships and the Gig Economy

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Last week, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced that the agencies had entered into a new Memorandum of Understanding (MOU). The FTC press release touted the MOU as a big...more

Wilson Sonsini Goodrich & Rosati

FTC and NLRB Join Forces to Enforce Antitrust Laws in U.S. Labor Markets

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On July 19, 2022, the Federal Trade Commission (FTC) and the National Labor Relations Board (NLRB) announced they were joining forces to “bolster the FTC's efforts to protect workers by promoting competitive U.S. labor...more

Venable LLP

FTC Joins Forces with NLRB to Further Its Gig Economy and Worker Protection Agenda

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We recently discussed the various ways in which the Federal Trade Commission is focusing on worker protections in the gig economy. Though we didn’t have a crystal ball to foresee it, the FTC announced that it is furthering...more

Holland & Knight LLP

Food and Beverage Law Update: March 2021

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Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

Fenwick & West LLP

[Event] The Most Significant Employment Law Developments of 2016 - Jan. 18th or 25th, Mountain View or San Francisco, CA

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2016 brought several employment law developments that will undoubtedly affect your workplace. The Fenwick & West Employment Practices Group invites you to attend its annual complimentary briefing to learn more about the most...more

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