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Husch Blackwell LLP

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

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The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Mintz

Moonlighting in the Age of Employee Entitlement

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No, this piece isn't about the 80s comedy-drama featuring a detective dynamic duo's snappy dialogue. This moonlighting refers to an employee working an extra job or two while simultaneously holding down a full-time job,...more

Epstein Becker & Green

#WorkforceWednesday: Non-Compete Agreements in 2023: What Employers Need to Know - Employment Law This Week® - Spilling Secrets...

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This week, we bring you our special Spilling Secrets podcast series on the future of non-compete and trade secrets law: Restrictions on non-competes have dominated the headlines this year. The Federal Trade Commission has...more

Ruder Ware

Evaluate the Risks When Using Non-Competes

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In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more

Stark & Stark

Navigating 2023's Employment Landscape: Legal Compliance and the Perils of Template Reuse

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So far, 2023 has proven to be a particularly active year in the employment space, with federal government agencies weighing in on a variety of issues. Of note, severance agreements have been a specific target of both the...more

Epstein Becker & Green

NLRB Issues Complaint Against Company For Maintenance And Enforcement Of Noncompete And Non-Solicit Provisions

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As we have previously discussed, the National Labor Relations Board’s General Counsel is seeking to invalidate noncompete agreements on the untested legal theory that they violate the National Labor Relations Act. The NLRB...more

Lathrop GPM

Minnesota Non-compete Ban Signed into Law

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On May 24, 2023, Governor Walz signed off on Minnesota legislation prohibiting employers from entering into non-compete agreements with employees or independent contractors. How will this new law affect your business? What...more

Genova Burns LLC

Non-Competes with Rank and File Employees Targeted by NLRB

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Challenges to non-competes by the federal government continue unabated under the Biden Administration. In the latest effort by the federal government to curtail the use of non-competes, which are traditionally governed by...more

Miles & Stockbridge P.C.

Highlights from the 2023 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 21st annual Hot Topics in Employment Law seminar April 25 to clients from throughout Maryland and beyond. Topics covered included...more

Sheppard Mullin Richter & Hampton LLP

It’s Not Just the NLRB Watching You - NLRB Adds the Consumer Financial Protection Bureau to Its Ever Growing List of Interagency...

On March 7, 2023, the National Labor Relations Board (NLRB) and the Consumer Financial Protection Bureau (CFPB) signed a Memorandum of Understanding (“CFPB MOU”) that created a formal partnership between the two agencies. Per...more

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

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Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Epstein Becker & Green

Video: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, New Jersey Prepares for...

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As featured in #WorkforceWednesday:  This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law...more

Epstein Becker & Green

#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ...

Epstein Becker & Green on

This week, we’re showcasing the National Labor Relations Board (NLRB) General Counsel’s memo on non-disparagement and confidentiality provisions in severance agreements, Illinois’ new law permitting Illinois employees to take...more

Foley & Lardner LLP

Strictly Confidential? Labor Board Flip-Flops Again on Severance Agreement Confidentiality and Non-Disparagement Terms

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On February 21, 2023, the National Labor Relations Board (the “Board”) held that an employer violates Section 8(a)(1) of the National Labor Relations Act (the “Act”) when it offers employees severance agreements with certain...more

Jackson Lewis P.C.

Caution Advised For Language In Employment Settlement And Severance Agreements

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Over the years, the Securities and Exchange Commission has taken aim at common language in settlement and severance agreements regarding nondisclosure and confidentiality....more

Amundsen Davis LLC

It May Become More Difficult for Employers to Legally Protect their Confidential and Proprietary Data

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Despite the ever increasing concerns over privacy and data breaches, both externally and internally, it may become more difficult for employers to legally protect their confidential and proprietary information...more

Ruder Ware

Will Employee Handbooks Need To Be Changed Again?

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The newly-appointed General Counsel of the National Labor Relations Board (NLRB), Jennifer Abruzzo, has issued a memorandum to NLRB regional offices saying that she intends to “reexamine” positions taken by her predecessors...more

Fisher Phillips

A Resurrected PRO Act Could Pay Dividends For Big Labor This Time Around

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As we recently forecasted, the House of Representatives has reintroduced a bill designed to radically transform the labor relations landscape, substantially tilting the playing field towards organized labor. The “Protecting...more

Jackson Lewis P.C.

NLRB Approves Workplace Social Media Policy Limiting Employees’ Online Communications

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Recently, the National Labor Relations Board (NLRB), in a split decision 2-1, approved a California-based ambulance company’s implementation of a social media policy that prohibited employees from “inappropriate...more

Littler

Protecting The Employer’s Internal Personnel Information After The Boeing Co.

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Employees have a broad legal right to communicate with one another about wages, benefits, and other employment terms. To effectuate this broad right, the National Labor Relations Board has required employers to exclude such...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2020

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1. The National Labor Relations Board (NLRB) modified its standard for determining whether an employer may lawfully discipline an employee for abusive or offensive statements and conduct in the context of activity otherwise...more

Husch Blackwell LLP

Confidentiality And No-Participation Provisions In Voluntary Severance Agreements Lawful

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On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in Third-Party Claim provisions in...more

Manatt, Phelps & Phillips, LLP

NLRB Issues Employer-Friendly Decisions

Prior to the new year, the National Labor Relations Board (NLRB or Board) made several big moves, approving greater confidentiality in workplace investigations, expanding employers’ ability to restrict employee email use and...more

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