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Employer Liability Issues The National Labor Relations Act Federal Trade Commission (FTC)

Spilman Thomas & Battle, PLLC

The Site Report - Construction Law Insights, Issue 3, March 2025

Welcome to our third issue of The Site Report for 2025! In this edition, we address new case law impacting contract provisions in South Carolina, construction-related pricing and tariffs, the new administration's effect on...more

Husch Blackwell LLP

Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault

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Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal...more

Paul Hastings LLP

Recent Developments Affecting Non-Competes and Employee Mobility

Paul Hastings LLP on

Employers take note: a series of recent developments could impact the way that companies across the country handle non-competition restrictions and retention rules. First, recent developments in the legal challenges to the...more

Bradley Arant Boult Cummings LLP

SpaceX Exploration: Constitutional Challenge to NLRB Structure

Following several complaints filed with the National Labor Relations Board (NLRB), SpaceX has mounted a constitutional challenge against the structure of the NLRB. Specifically, SpaceX contends that NLRB administrative judges...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

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

Fisher Phillips on

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

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on

The U.S. District Court for the Eastern District of Texas has issued an aggressive scheduling order that “should allow prompt resolution of” one of the initial challenges to the FTC’s noncompete ban “with sufficient time,...more

Troutman Pepper Locke

Employers Beware: Worker Misclassification May Be Seen as Anticompetitive Conduct

Troutman Pepper Locke on

Speaking at the Global Competition Review: Law Leaders Global Summit last month, Commissioner Alvaro M. Bedoya of the Federal Trade Commission (FTC) argued that the FTC could — and should — combat worker misclassification...more

Kilpatrick

A Comprehensive Update on Recent Federal and State Efforts to Limit the Use of Employee Non-Compete Agreements

Kilpatrick on

Federal and state efforts to limit or outright prohibit the use of employee non-compete agreements have gained considerable momentum in the past year. As Kilpatrick’s labor and employment team has written about previously,...more

Cooley LLP

How Does the Latest Crackdown on Noncompete Agreements Affect Employers?

Cooley LLP on

Noncompete agreements have come increasingly under attack at the federal and state level in 2023. In this alert, we review notable recent developments on the legality of continuing to use noncompete agreements in the...more

Lathrop GPM

Piling On - NLRB General Counsel Joins the Crusade Against Noncompete Agreements

Lathrop GPM on

In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General...more

Spilman Thomas & Battle, PLLC

NLRB General Counsel Versus Covenants Not to Compete: What This Latest Fight Means for Your Business

In recent years, non-compete agreements have been a subject of scrutiny in the United States, with concerns raised over their potential impact on employee mobility and labor market competitiveness. In 2021, President Joe...more

Spilman Thomas & Battle, PLLC

NLRB’s GC Piles on to Increase Regulatory Scrutiny of Non-Compete Agreements

As we have often discussed, the National Labor Relations Board under the Biden administration has prioritized expanding employees’ rights under Section 7 of the National Labor Relations Act (the “Act”). Most recently, in GC...more

Woods Rogers

Do Non-Compete Agreements Violate the NLRA?

Woods Rogers on

On May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum stating her position that non-compete agreements violate the National Labor Relations Act (NLRA) and encouraging the...more

McDermott Will & Emery

NLRB Targets Noncompetes at Union and Nonunion Companies

McDermott Will & Emery on

In Memorandum GC 23-08 (Memo), Jennifer A. Abruzzo, General Counsel of the National Labor Relations Board (NLRB), announced that her office would target for prosecution both union and nonunion employers for offering,...more

Cranfill Sumner LLP

The War on Noncompete Agreements: NLRB General Counsel Says the NLRA Forbids Them

Cranfill Sumner LLP on

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (“NLRB”), issued a memorandum arguing that noncompete agreements, in most circumstances, violate Sections 7 and 8 of the National Labor...more

Nelson Mullins Riley & Scarborough LLP

Non-Competes Under Fire from NLRB General Counsel

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

Stradling Yocca Carlson & Rauth

The NLRB Strikes Again, this Time It’s Noncompete Agreements

On May 30, 2023, Jennifer Abruzzo, General Counsel for the National Labor Relations Board (the “NLRB”), issued a memo arguing that requiring employees to sign non-competition agreements violates the National Labor Relations...more

CDF Labor Law LLP

Important Updates on Non-Compete Employment Agreements

CDF Labor Law LLP on

Employers following the Federal Trade Commission’s (“FTC”) rulemaking process that will restrict non-compete agreements in many employment relationships may be relieved to learn that the FTC is not expected to vote on its...more

Franczek P.C.

NLRB General Counsel Enters the Fray on Non-Competes, Declaring They May Violate Federal Labor Law

Franczek P.C. on

For more than a year, the Federal Trade Commission has been mulling on whether the federal government should regulate employee non-compete agreements. Traditionally, those agreements limit where and for whom an employee may...more

Ruder Ware

Spring Brings Showers, Flowers, and Breaking Non-compete News!

Ruder Ware on

Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to...more

Goldberg Segalla

NLRB Continues to Flex Its Muscles with Latest General Counsel Memorandum on Non-Competes

Goldberg Segalla on

Key Takeaways - The NLRB GC has issued a memo stating most non-compete agreements violate Section 7 employee rights. Employers can expect  the NLRB’s litigation agenda to be aggressive in pursuing complaints...more

Parker Poe Adams & Bernstein LLP

Noncompetes Violate Federal Labor Law, Says National Labor Relations Board's General Counsel

In the wake of the Federal Trade Commission’s recent proposal to void noncompetition agreements between employers and employees, another federal agency has joined the push to restrict the use of restrictive covenants in...more

Williams Mullen

Tales from the NLRB: General Counsel to Treat Most Non-Compete Agreements as Unfair Labor Practices

Williams Mullen on

On May 30, 2023, Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (Board), issued a guidance memo (the “Memo”) stating that non-compete agreements or similar restrictive covenants in settlement...more

McNees Wallace & Nurick LLC

NLRB General Counsel Says Non-Compete Agreements Violate the NLRA

It’s no secret that non-compete agreements have recently come under greater scrutiny by the federal government.  In July 2021, President Joe Biden signed an Executive Order on “Promoting Competition in the American Economy”...more

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