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NLRB General Counsel Expands Crackdown on Non-Competes with New Focus on ‘Stay-or-Pay’ Agreements

National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo released GC Memo 25-01 on October 7, 2024 further urging the Board to find non-compete agreements, particularly “stay-or-pay” practices, unlawful and...more

10/16/2024 / Contract Terms , Employer Liability Issues , Employment Contract , NLRA , NLRB , NLRB General Counsel , Non-Compete Agreements , Restrictive Covenants , Section 7

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

8/9/2023 / Employee Handbooks , Employee Rights , Employer Liability Issues , NLRA , NLRB , Protected Concerted Activity , Section 7

NLRB Returns to Liberalized Section 7 Protection for Workplace Misconduct Incidents

The National Labor Relations Board’s recent decision in Lion Elastomers reinstated setting-specific standards to assess how employers respond to employee misconduct, including potentially profane, discriminatory, and...more

5/5/2023 / Employee Misconduct , Employer Liability Issues , Employment Policies , NLRA , NLRB , Policies and Procedures , Section 7 , Title VII

New NLRB Guidance Sheds Light on McLaren Decision and Severance Agreements

National Labor Relations Board (NLRB or the Board) General Counsel (GC) Jennifer Abruzzo issued guidance on the Board’s recent decision regarding severance agreements. In McLaren Macomb, 372 NLRB No. 58, the Board found that...more

3/27/2023 / Confidentiality Agreements , Employer Liability Issues , Employment Policies , Hiring & Firing , NLRA , NLRB , NLRB General Counsel , Section 7 , Severance Agreements

Employer Alert: Commonplace Severance Agreement Clauses Violate Labor Law, NLRB Rules

The National Labor Relations Board (NLRB or the Board) issued a decision on February 21 in McLaren Macomb (372 NLRB No. 58) overruling precedent to hold that employers may not offer employees severance agreements containing...more

2/24/2023 / Employer Liability Issues , Hiring & Firing , NLRA , NLRB , Section 7 , Severance Agreements

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