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Non-Compete Agreements Hiring & Firing The National Labor Relations Act

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... more +
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 -
Fisher Phillips

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

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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

Bowditch & Dewey

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

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the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Bradley Arant Boult Cummings LLP

NLRB’s General Counsel Initiatives Trumped: Here We Go Again with Dramatic Shifts in Labor Law

As the mainstream media has reported, President Trump is firing everyone he can (and maybe some he can’t) at the National Labor Relations Board. On day one, the president fired the NLRB’s general counsel, Jennifer Abruzzo, a...more

Fisher Phillips

Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to...

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The Acting General Counsel of the National Labor Relations Board just signaled a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by previous leadership....more

Cozen O'Connor

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

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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

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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

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Husch Blackwell LLP

Understanding the NLRB General Counsel’s Memo on “Stay-or-Pay” Provisions: What Employers Need to Do by December 6

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On October 7, 2024, the Office of the General Counsel issued a new memorandum, GC 25-01, expanding her prosecutorial agenda to remedy what she sees as the harmful effects of non-compete agreements and so-called “stay-or-pay”...more

Fisher Phillips

NLRB Counsel Cracks Down On “Stay-or-Pay” Provisions and Non-Competes: 7 Steps Employers Should Consider in Response

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The National Labor Relations Board’s chief lawyer just said that many “stay-or-pay” provisions – agreements where workers are asked to repay their employer if they separate from employment – violate federal law, and also...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

Fisher Phillips

Your Non-Compete and Trade Secrets To-Do List for August 2024

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Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Seyfarth Shaw LLP

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

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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

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Fisher Phillips

We Know What the NLRB Did Last Summer: 7 Recent Labor Board Moves That Could Haunt You This Fall and Beyond

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As fall creeps up on us — and you trade your beach days and barbeques for hayrides and horror flicks — don’t forget about all the activity from the National Labor Relations Board (NLRB) this past summer that could cause...more

Epstein Becker & Green

An “Overbroad” Noncompete – the NLRB Has Found Its First Target

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Epstein Becker & Green

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA)....more

Nelson Mullins Riley & Scarborough LLP

Non-Competes Under Fire from NLRB General Counsel

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 (the “Memorandum”) outlining her position that the “proffer, maintenance, and enforcement” of non-competition provisions in employment...more

Poyner Spruill LLP

Another Reason to Revisit Non-Competes: New Risk of NLRA Charges

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Following the recent declaration that certain confidentiality and non-disparagement clauses in severance agreements are unlawful, the National Labor Relations Board (NLRB) General Counsel released a memo on May 30, 2023 (GC...more

Seyfarth Shaw LLP

Did the NLRB Preempt Non-Compete Litigation?

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Over last week, two seemingly unconnected events happened that impact restrictive covenant and labor law. First, the National Labor Relations Board’s General Counsel, Jennifer Abruzzo, issued a memorandum opining that certain...more

Carlton Fields

NLRB Ratchets Up Campaign Against Noncompete Agreements

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On May 30, 2023, the National Labor Relations Board’s general counsel, Jennifer Abruzzo, issued an enforcement memorandum asserting that most noncompete provisions in employment contracts and severance agreements violate the...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from May 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Lowndes

NLRB Has “No Chill” When it Comes to Non-Competes

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On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued Memorandum GC 23-08 stating “[non-competes] interfere with employees’ exercise of rights under Section 7 of the National Labor...more

Kohrman Jackson & Krantz LLP

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

THE MCLAREN RULING - Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more

FordHarrison

New NLRB Decision Prohibits Overly Broad Language In Non-Disparagement And Confidentiality Provisions In Severance Agreements

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Executive Summary: The National Labor Relations Board (the Board) recently overruled two prior Board decisions and held that overly broad language in non-disparagement and confidentiality clauses included in severance...more

Epstein Becker & Green

#WorkforceWednesday: Pay Data Collection Study, Colorado Non-Compete Restrictions, D.C. Circuit Vacates Browning-Ferris -...

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This week, we update you on national trends relating to pay data collection, non-compete restrictions, and joint-employment rules. Study Finds EEOC's Pay Data Collection a "Useful Tool" A study of the Equal Employment...more

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