NLRA, Non-Solicitation Agreements

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

Another agency attacks noncompete and nonsolicitation agreements

McAfee & Taft on 7/30/2024

In earlier articles titled “FTC announces nationwide ban on noncompetes in the workplace” and “FTC’s ban on noncompete agreements halted … sort of”, we reported on the Federal Trade Commission’s efforts to invalidate...more

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on 7/16/2024

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

NLRB ALJ Finds Post-Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on 7/5/2024

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Employment Litigation Roundup: June 2024

Seward & Kissel LLP on 7/3/2024

CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Compete All You Want: ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

Proskauer - Labor Relations Update on 6/25/2024

As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/21/2024

On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...more

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Husch Blackwell LLP on 5/1/2024

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

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

Jackson Lewis P.C. on 4/1/2024

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

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

Miles & Stockbridge P.C. on 2/8/2024

The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

Changes in Labor and Employment Laws from 2018 to 2023; Anticipated Trends for 2024

Jones & Keller, P.C. on 1/11/2024

Similar to the prior five years, 2023 brought unprecedented changes in labor and employment laws that have already gone into effect or are now in effect for 2024 in Colorado, across the country in other states, by National...more

Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to Do and What to...

Mintz - Employment Viewpoints on 12/20/2023

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

NLRB Makes Good on Its Promise to Challenge Non-Competes

Kohrman Jackson & Krantz LLP on 11/27/2023

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

Employment Litigation Roundup: October 2023

Seward & Kissel LLP on 11/1/2023

October 2023: Public information can be a trade secret; Litigants get creative to contest non-competes; NJ addresses the enforceability of non-disparagements; Law firm DEI programs face legal challenges - Compilation of...more

Evaluate the Risks When Using Non-Competes

Ruder Ware on 9/28/2023

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

NLRB General Counsel Targets Non-Solicitation Agreements as well as Non-Competes

Littler on 9/15/2023

Last May, NLRB General Counsel (GC) Jennifer A. Abruzzo released Memorandum 23-08 claiming employers that require non-compete agreements violate the National Labor Relations Act. GC Memo 23-08 did not expressly condemn...more

Time to Revisit Your “Standard” Employment and Separation Agreements

Foster Swift Collins & Smith on 8/29/2023

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

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

Bradley Arant Boult Cummings LLP on 6/15/2023

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

Noncompetes Back in the Crosshairs: NLRB Takes Its Shot at Noncompetition Agreements

Bradley Arant Boult Cummings LLP on 6/2/2023

Can you still have noncompete agreements with your employees? There has been a lot of buzz about this issue, and this week the general counsel of the National Labor Relations Board joined the conversation with a memorandum,...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 National Labor Relations Act › Non-Solicitation Agreements