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The National Labor Relations Act › Contract Terms

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
ArentFox Schiff

How Policy Changes at the NLRB Could Affect Severance and Noncompete Agreements

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On February 14, the new general counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded more than 25 previously issued policy memoranda....more

Harris Beach Murtha PLLC

NLRB Limits Employers’ Ability to Unilaterally Change Workplace Terms

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The National Labor Relations Board (“NLRB”) recently overturned a 2019 ruling that made it easier for employers to modify terms and conditions of the workplace without bargaining with the union. Going forward, employers need...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employers Face New Challenges as NLRB Restores ‘Clear and Unmistakable’ Waiver Standard

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On December 10, 2024, the National Labor Relations Board (NLRB) restored the “clear and unmistakable” waiver standard for evaluating whether an employer made unlawful unilateral changes without first giving the union notice...more

Benesch

NLRB’s General Counsel Declares “Stay-or-Pay” Provisions Unlawful, Employers Given 60 Days to Comply (Deadline: December 6, 2024)

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The top prosecutor for the National Labor Relations Board (the “NLRB”) warned employers that they have 60 days to redo or eliminate contracts containing “stay-or-pay” provisions, which require employees to continue working or...more

BakerHostetler

Adding Injury to Insult: The NLRB’S General Counsel Lays Out Expanded Remedies For Unlawful Noncompete and Stay-or-Pay Agreements

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We previously reported on a May 2023 memorandum issued by the general counsel of the National Labor Relations Board (NLRB or Board), Jennifer A. Abruzzo, stating her view that “the proffer, maintenance, and enforcement” of...more

Morgan Lewis

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

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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

Adams & Reese

As Election Nears, How Do State Laws Impact Employers’ Policing of Social Media Posts by Employees?

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With a highly divisive U.S. Presidential Election between Donald Trump and Kamala Harris just weeks away, political social media posts have inundated newsfeeds. But what happens when a post goes too far, and/or an employee’s...more

Hinshaw & Culbertson - Employment Law...

Impact for Employers: The NLRB General Counsel Doubles Down on Restrictive Covenants and Stay-or-Pay Provisions

Hinshaw & Culbertson - Employment Law... on

The General Counsel of the National Labor Relations Board ("NLRB") issued Memorandum GC 25-01 on October 7, 2024, which establishes her intent to "urge the Board not only to find certain non-compete provisions unlawful, but...more

Parker Poe Adams & Bernstein LLP

NLRB Memo Outlines Stricter Enforcement of Noncompetes and 'Stay-or-Pay' Provisions

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The National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum this week titled "Remedying the Harmful Effects of Non-Compete and 'Stay-or-Pay' Provisions that Violate the National Labor...more

Steptoe & Johnson PLLC

NLRB: Use of Non-Compete and "Stay-or-Pay" Clauses May Trigger Significant Monetary Consequences for Employers

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On October 7, National Labor Relations Board (NLRB) General Counsel Jennifer A. Abruzzo issued Memorandum GC 25-01, reinforcing and expanding previous positions on how certain restrictive covenants may violate the National...more

Genova Burns LLC

Should I Stay Or Should I Go: The NLRB Weighs In

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On October 7, 2024, NLRB General Counsel Jennifer Abruzzo announced to her staff and the public that she intends to prosecute employers for “Stay-or-Pay” employment agreements, agreements that require a new employee to repay...more

BakerHostetler

Sixth Circuit Bypasses NLRB’s McLaren Macomb Confidentiality and Non-Disparagement Provisions Holding, Fostering Uncertainty About...

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On September 19, the Sixth Circuit Court of Appeals issued a decision enforcing the National Labor Relations Board (NLRB or Board) February 2023 McLaren Macomb decision. In doing so, the Sixth Circuit declined to comment on...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

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Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Carlton Fields

Court Direction on FTC’s Noncompete Ban Expected This Summer

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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

Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Akin Gump Strauss Hauer & Feld LLP

NLRB’s Joint Employer Rule Vacated

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The National Labor Relations Act (NLRA) gives employees the right to unionize and imposes obligations on employers to collectively bargain with unions representing their employees. Failing to recognize those rights and...more

ArentFox Schiff

2023 Trade Secrets End of Year Report

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2023 was a banner year for trade secrets, non-competes, and other restrictive covenants. Employee non-competes continued to garner attention at the federal agency level, drawing commentary and action from the Federal Trade...more

Proskauer - Labor Relations Update

BREAKING:  Texas District Court Strikes Down NLRA Joint Employer Rule

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On March 8, just three days before the National Labor Relations Board’s (the “Board”) new joint-employer standard was set to take effect, Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas...more

Jenner & Block

Client Alert: Federal Trade Commission Announces New Partnership with Department of Labor

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On September 21, 2023, the Federal Trade Commission (FTC) announced a new memorandum of understanding (MOU) with the United States Department of Labor (DOL) to bolster the FTC’s efforts to protect workers.According to the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2023

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Past Practice in the Past? NLRB Narrows Past Practice Defense for Employer Unilateral Action During Bargaining

Ogletree, Deakins, Nash, Smoak & Stewart,... on

On August 30, 2023, the National Labor Relations Board (NLRB) released two decisions that will make it more difficult for employers to implement past practices during a break in bargaining or at an impasse, opening the door...more

Epstein Becker & Green

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

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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

Epstein Becker & Green

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

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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

Laner Muchin, Ltd.

NLRB General Counsel Takes a Stand on Noncompetition Agreements: Employers Beware!

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In a memo issued on May 30, 2023, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo has taken the position that the offer, maintenance, and enforcement of overly broad noncompetition agreements offered to...more

ArentFox Schiff

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

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In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

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