Erin Schaefer on Section 7

NLRB General Counsel Calls for Crack Down and Harsh Remedies for Non-Competes and “Stay or Pay” Provisions

National Labor Relations Board (“Board”) General Counsel Jennifer Abruzzo (“Abruzzo”) issued a General Counsel Memo (Memo GC 25-01) last week signaling that employers could face civil prosecution and significant monetary...more

10/18/2024 / Employees , Employment Contract , Federal Trade Commission (FTC) , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

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

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

6/14/2023 / Confidentiality Agreements , Contract Terms , Employees , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Section 7

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

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

6/14/2023 / Confidentiality Agreements , Contract Terms , Employees , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Section 7

Racist, Sexist, and Threatening Behavior Is Fine in the Workplace as Long as You Connect It to Union Activity: The Return of...

On Monday, the National Labor Relations Board (the “Board” or “NLRB”), with a majority of appointees by President Biden, i.e., “the Biden-Board,” reversed the short-lived General Motors LLC, 369 NLRB No. 127 (2020) decision...more

5/5/2023 / Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7 , Unions

NLRB GC’s McLaren Macomb Memo Provides Murky and Ominous Guidance on Board’s Prohibitions on Non-Disparagement and Non-Disclosure...

Approximately a month after the Board issued McLaren Macomb, 372 NLRB No. 58, which left employers scrambling to decipher its unclear impact on both unionized and non-unionized workplaces, Jennifer Abruzzo, the General...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , NLRA , NLRB , NLRB General Counsel , Non-Disparagement Provisions , Section 7 , Severance Agreements , Unfair Labor Practices

Non-Disparagement, Non-Disclosure, Non-Allowed: The NLRB Finds Unlawful Confidentiality and Non-Disparagement Provisions in...

On February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) continued its aggressive application of the National Labor Relations Act (“Act” or “NLRA”) to workplaces without union representation and lessened...more

2/27/2023 / Confidentiality Agreements , NLRA , NLRB , Non-Disclosure Agreement , Non-Disparagement Provisions , Section 7 , Severance Agreements

NLRB Opens the Door for Contract Workers to Engage in Off-Duty Section 7 Activities Wherever They Work

On December 16, 2022, the National Labor Relations Board (”Board”) issued its decision in Bexar County II, which restricts the right of property owners to deny off-duty contract workers access to the property for the purpose...more

12/26/2022 / Employer Liability Issues , NLRA , NLRB , Off-Duty Employees , Protected Concerted Activity , Section 7

Erin Schaefer

Epstein Becker & Green

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