News & Analysis as of September 19, 2024

Restrictive Covenants

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Fisher Phillips on 8/5/2024

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

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

Seyfarth Shaw LLP on 7/19/2024

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

Non-Competes Under Fire from NLRB General Counsel

Nelson Mullins Riley & Scarborough LLP on 6/8/2023

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

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

Poyner Spruill LLP on 6/7/2023

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

Did the NLRB Preempt Non-Compete Litigation?

Seyfarth Shaw LLP on 6/6/2023

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

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

Lowndes on 6/1/2023

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

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

Epstein Becker & Green on 8/10/2022

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

The Top 5 Dos and Don’ts of Employee Handbooks - Labor & Employment Newsletter

Bradley Arant Boult Cummings LLP on 4/30/2019

Haven’t updated that employee handbook in a while? Need to review it to make sure it is accurate? What policies actually need to be in a handbook? These are some of the questions that employers regularly face – or at least...more

The Employment Law Authority - November/December 2016

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/7/2016

Court Upholds Employer’s Dreadlock Ban Finds Grooming Policy Did Not Violate Title VII of the Civil Rights Act - A federal appellate court recently held that an employer’s policy banning dreadlocks did not constitute...more

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