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Confidentiality Agreements National Labor Relations Board The National Labor Relations Act

McCarter & English, LLP

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

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

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

Frantz Ward LLP on

Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Jackson Lewis P.C.

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

Jackson Lewis P.C. on

In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...more

CDF Labor Law LLP

Ensuring Your Severance Agreements Are Lawful

CDF Labor Law LLP on

​​​​​​​Approximately one year ago, we reported on the National Labor Relations Board’s decision in McLaren Macomb and NLRB General Counsel Jennifer Abruzzo’s subsequent interpretation of that decision and what it means for...more

Sheppard Mullin Richter & Hampton LLP

NLRB Finds Common Provisions in Mortgage Lender Employment Contract Illegal

On January 11, 2024, an administrative law judge for the NLRB issued an opinion holding that the employment agreement used by a major mortgage lender for all of its approximately 6,000 employees violates the National Labor...more

Epstein Becker & Green

Getting a Grip on Griping

Epstein Becker & Green on

Almost a decade ago, in September 2014, California was the first state in the nation to enact legislation prohibiting non-disparagement clauses that aimed to prevent consumers from writing negative reviews of a business....more

Kilpatrick

5 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

Kilpatrick on

On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more

Kohrman Jackson & Krantz LLP

NLRB Makes Good on Its Promise to Challenge Non-Competes

In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of...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

Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Holland & Hart - Employers' Lawyers

SEC Settlement A Reminder for Employers: Review Your Separation Agreements

by Mark Wiletsky Mark Wiletsky Companies routinely use separation agreements with departing employees.  Through those agreements, the employee receives some type of separation benefit (typically a payment or severance), and...more

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

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

Foster Swift Collins & Smith

NLRB Puts Employment Handbooks Under More Scrutiny

Employers often have workplace policies which are typically contained in an employment handbook. These handbooks may include policies regarding the confidentiality of business information, the use of cell phones during work,...more

Foley & Lardner LLP

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

Foley & Lardner LLP on

On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

Foster Swift Collins & Smith

Time to Revisit Your “Standard” Employment and Separation Agreements

A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation...more

Bradley Arant Boult Cummings LLP

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Can you still have noncompete agreements with your employees? What if you explicitly state that the agreement protects trade secrets or other proprietary information? There has been a lot of buzz about this issue, and...more

Epstein Becker & Green

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

Epstein Becker & Green on

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

Epstein Becker & Green on

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

Foley Hoag LLP

NLRB’s General Counsel Takes Aim at Employee Non-Competes in Recent Memo

Foley Hoag LLP on

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo explaining her view that, except in limited circumstances, employee non-competition agreements violate the Act. While the memo only reflects General Counsel...more

Carlton Fields

NLRB Ratchets Up Campaign Against Noncompete Agreements

Carlton Fields on

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

Jackson Lewis P.C.

NLRB General Counsel Asserts Non-Competes Violate the National Labor Relations Act

Jackson Lewis P.C. on

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that...more

Blank Rome LLP

National Labor Relation Board’s General Counsel Foreshadows More Expansive Restrictions on Separation Agreements Following Board’s...

Blank Rome LLP on

In this article, the authors discuss the implications of a recent ruling by the National Labor Relations Board finding two separation agreements to be unlawful. In McLaren Macomb, the National Labor Relations Board (NLRB...more

ArentFox Schiff

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

ArentFox Schiff on

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

Ballard Spahr LLP

NLRB Seeks Enforcement Of Ruling On Separation Agreements

Ballard Spahr LLP on

The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful. Most recently,...more

Husch Blackwell LLP

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

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

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