News & Analysis as of August 11, 2025

The National Labor Relations Act

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Acting NLRB General Counsel Sets New Direction with Rescission Memorandum

Cozen O'Connor on 2/19/2025

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

FTC Issues Final Rule Banning Non-Competes

Morrison & Foerster LLP on 4/24/2024

On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...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

No, The NLRB Did Not Just Ban Non-Compete Agreements Either.

McCarter & English, LLP on 6/2/2023

Almost two years ago, President Joe Biden issued Executive Order 14036, which broadly addresses promoting competition in the American economy. Among the measures considered in that executive order was greater scrutiny of...more

Reaction and Response to the FTC & DOJ Workshop on Labor Market Competition

Jackson Lewis P.C. on 12/23/2021

The Federal Trade Commission (FTC) and the Department of Justice (DOJ) hosted a virtual workshop on December 6-7, 2021, bringing together agency representatives, lawyers, economists, academics, and other experts to discuss...more

What Can Employers Expect From the Biden Administration?

ArentFox Schiff on 2/10/2021

In brief: A sharp pivot toward employee- and union-friendly executive actions and legislation. Here’s what we mean. Executive Order 13950 - As we’ve reported, President Biden Revokes Executive Order 13950 | Arent Fox,...more

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