Erik Mosvick

Faegre Drinker Biddle & Reath LLP

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NLRB: Noncompete and Employee Nonsolicitation Agreements Violate Covered Employees’ Section 7 Rights Under NLRA

On June 13, 2024, an administrative law judge (ALJ) of the National Labor Relations Board (the Board) joined the growing chorus of federal and state agencies condemning the use of restrictive covenants, in J.O. Mory, Inc.,...more

6/24/2024 / Administrative Law Judge (ALJ) , Corporate Counsel , Employer Liability Issues , NLRA , NLRB , Unions

Top 10 Noncompete Developments of 2023

2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more

1/19/2024 / Corporate Counsel , Employer Liability Issues , Employment Contract , NLRA , NLRB , Non-Compete Agreements , Restrictive Covenants

NLRB GC’s Latest Guidance Expands Restrictions to Noncompete Provisions

On May 30, 2023, the General Counsel for the National Labor Relations Board (NLRB or the Board), Jennifer Abruzzo, issued guidance regarding the lawfulness of noncompete agreements and provisions. The General Counsel’s latest...more

6/2/2023 / NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7 , Unfair Labor Practices

NLRB Limits Definition of 'Concerted' Activities by Employees

The National Labor Relations Board (NLRB) will find a violation of federal labor law when employees are disciplined or discharged for engaging in protected concerted activities. The key element is that employees must be...more

1/16/2019 / Employee Rights , Employer Liability Issues , Hiring & Firing , NLRA , NLRB , Protected Concerted Activity , Termination

D.C. Circuit Upholds Obama-Era Joint Employer Test, Invites Showdown Over Future NLRB Rulemaking

One of the longest running sagas in labor law opened yet another chapter on December 28, 2018, when a panel of D.C. Circuit judges issued a decision that creates additional uncertainty regarding the National Labor Relations...more

1/2/2019 / Corporate Counsel , Employer Liability Issues , Joint Employers , NLRB

The Race to Change the NLRB's Joint Employer Standard Is Over. And the Winner Is . . .

After the National Labor Relations Board (NLRB) changed its joint employer standard in August 2015, two likely avenues to repeal that change emerged: Congress and the courts. In September of that year, congressional...more

12/18/2017 / Browning-Ferris Industries of California Inc. , Employer Liability Issues , Franchises , Joint Employers , NLRA , NLRB , Unions

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