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Severance Agreements Non-Compete Agreements

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Morgan, Brown & Joy, LLP

Massachusetts Supreme Judicial Court Clarifies Scope of Massachusetts Noncompetition Agreement Act

On Friday, June 13, 2025, the Massachusetts Supreme Judicial Court issued its decision in Miele v. Foundation Medicine, Inc., SJC-13967, holding that forfeiture clauses tied to non-solicitation agreements were definitively...more

Mintz

Restrictive Covenants in Private Equity Transactions

Mintz on

Restrictive covenants are unquestionably a significant deal consideration in M&A transactions. In the private equity context, a buyer is focused on restrictive covenants to protect its investment by binding the sellers and...more

Troutman Pepper Locke

2025 NLRB Forecast: What Employers Should Expect Under President Trump's Administration

Troutman Pepper Locke on

On January 27, 2025 — seven days after he was sworn in — President Trump fired Gwynne Wilcox, a Democratic member, and former Chair of, the National Labor Relations Board (“NLRB” or the “Board”). Although Wilcox’s term was...more

Seyfarth Shaw LLP

Not Fooling Around: Critical New York State Legislative Updates for Employers as April Begins

Seyfarth Shaw LLP on

During the first quarter of 2025, the New York State legislature and Governor Kathy Hochul have been actively advancing several initiatives that – if passed and signed – will require New York employers to adapt their policies...more

ArentFox Schiff

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

ArentFox Schiff on

On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

ArentFox Schiff

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

ArentFox Schiff on

Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda.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

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Kilpatrick

Reshaping Federal Labor Policy: Acting NLRB General Counsel Rescinds Numerous Biden-Era Guidance Memos

Kilpatrick on

On February 14, 2025, National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William Cowen issued the first General Counsel memorandum (“GC Memo”) of the second Trump administration, GC 25-05....more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

Parker Poe Adams & Bernstein LLP

Noncompetes Included in Separation Agreements May Not Survive Legal Challenge

When preparing employee separation or severance agreements, we are occasionally asked by clients whether they can include a noncompetition restriction as part of the severance offer, even in situations where no noncompete was...more

Proskauer - Labor Relations Update

Déjà Vu All Over Again? NLRB Faces Partisan Overhaul Again with Key Legal Issues Hanging in the Balance

For the third time in eight years, both the National Labor Relations Board’s (“NLRB”) prosecutorial and adjudicative arms face a pending partisan overhaul after President-elect Trump’s inauguration on January 20, 2025....more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

BakerHostetler on

We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Potential Impact of the FTC’s Noncompete Ban on Employee Benefits and Executive Compensation

The Federal Trade Commission’s (FTC) ban on noncompetition covenants (“noncompetes”) could significantly impact the design and administration of employee benefits and executive compensation arrangements....more

King & Spalding

Effect of New FTC Rule Banning Post-Employment Non-Compete Agreements on Executive Compensation Arrangement

King & Spalding on

On April 23, 2024, the Federal Trade Commission issued its final rule imposing a nationwide ban on employers using post-employment non-competes with current and former workers. Other than narrow exceptions for (1) existing...more

Adams & Reese

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams & Reese on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Foley & Lardner LLP

Don’t You Forget About Me: Terminating Employees and Benefits to Think About

Foley & Lardner LLP on

No matter the size of your organization, at some point in time employees leave. As we noted previously, it behooves human resources and other departments to provide departing employees with an exit letter that includes...more

Farella Braun + Martel LLP

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Carlton Fields

NLRB Stacks Deck in Favor of Employees: Employers Must Play Cards Defensively or Go Bust

Carlton Fields on

The National Labor Relations Board has made a series of employee-friendly moves over the past few months that have significant adverse implications for employers, including those in the insurance and securities industries....more

Dentons

Confidentiality, Non-Solicitation, and Non-Competes: The NLRB Takes Another Swing at Contractual Relationships

Dentons on

As discussed in prior Iowa Employment Law Insights articles, the National Labor Relations Board (NLRB) in McLaren Macomb addressed issues of the rights of employees to organize under Section 7, fundamentally limiting...more

White and Williams LLP

National Labor Relations Board (NLRB) General Counsel Tackles Non-Compete Agreements

White and Williams LLP on

The General Counsel for the National Labor Relations Board (“Board’) issued a Memorandum on May 30th delineating her position that noncompete agreements interfere with an employee’s rights under Section 7 of the National...more

Kohrman Jackson & Krantz LLP

NLRB General Counsel Aims to End Non-Compete Agreements

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a memorandum to all regional offices stating that non-compete agreements in employment contracts and severance...more

BakerHostetler

A New Front in the Noncompete Wars: NLRB’s General Counsel Claims Noncompete Agreements Violate the Labor Act

BakerHostetler on

The General Counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, recently issued a memorandum stating that “the proffer, maintenance, and enforcement” of noncompete provisions in employment...more

Dorsey & Whitney LLP

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

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