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The National Labor Relations Act › Non-Compete Agreements

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 -
Proskauer - Labor Relations Update

NLRB Regional Director Targets No-Poach Agreements in Latest Complaint

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On September 12, 2024, the Regional Director for Region 22 (Newark) filed a complaint against Planned Companies, a building maintenance and services provider based in New Jersey alleging that its use of no-poach agreements...more

Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

Balch & Bingham LLP on

Contracts restraining competition by former employees and contractors have always faced enforcement headwinds, differing state-by-state in their strength and direction. California is most hostile; there, a statute purports to...more

Constangy, Brooks, Smith & Prophete, LLP

The FTC noncompete ban is dead. Here are five steps employers should take now.

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You no doubt have heard that on August 20, a federal judge in the Northern District of Texas set aside the Rule issued by the Federal Trade Commission that sought to ban virtually all noncompetition agreements as unfair...more

McCarter & English, LLP

The FTC’s Non-Compete Rule “Set Aside:” What Next for Employers and Employees?

McCarter & English, LLP on

After a series of preliminary, narrowly decided, and conflicting court decisions concerning requests for preliminary injunctions (see August 20, 2024 Alert), a federal district court in Texas has now entirely set aside the...more

Amundsen Davis LLC

Is the FTC’s Ban on Non-Competes a Non-Issue?…Not Yet

Amundsen Davis LLC on

There is much uncertainty about the future of FTC's new rule (the “FTC Rule”) making most non-compete agreements unlawful and barring employers from enforcing past non-compete clauses against nearly all employees and...more

Foster Swift Collins & Smith

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

Foster Swift Collins & Smith on

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

McAfee & Taft

Another agency attacks noncompete and nonsolicitation agreements

McAfee & Taft on

In earlier articles titled “FTC announces nationwide ban on noncompetes in the workplace” and “FTC’s ban on noncompete agreements halted … sort of”, we reported on the Federal Trade Commission’s efforts to invalidate...more

Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

Seyfarth Shaw LLP on

An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

Saul Ewing LLP

NLRB Decision Finds Overly Broad Non-competition and Non-solicitation Clauses Violate NLRA

Saul Ewing LLP on

On June 13, 2024, an Administrative Law Judge (ALJ) with the National Labor Relations Board (NLRB) issued a decision that further muddies the landscape of restrictive covenant law. In J.O. Mory Inc., an ALJ held that overly...more

Kilpatrick

NLRB ALJ Finds Post-Employment Non-Compete and Non-Solicit Provisions Unlawful

Kilpatrick on

Employers’ use of non-compete agreements have been subject to increasing scrutiny from federal agencies in the past year or so. More recently, the balance of discussion surrounding regulatory efforts to curtail the use of...more

Seward & Kissel LLP

Employment Litigation Roundup: June 2024

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CFTC charges employer with failing to include whistleblower carveout in agreements with employees - Commodities trading firm Trafigura Trading LLC agreed to pay a $55 million fine to settle charges from the Commodity...more

Proskauer - Labor Relations Update

Compete All You Want:  ALJ Strikes Down Non-Compete Agreement, Setting Up NLRB Review

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As we’ve discussed previously (see here and here), next up on the NLRB chopping block is whether non-compete agreements create a “chilling effect” on employees in the exercise of their Section 7 rights of the National Labor...more

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

NLRB Judge Finds Nonsolicitation, Noncompete Provisions in Employment Agreement Chilled Protected Activity

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

On June 13, 2024, an administrative law judge (ALJ) for the National Labor Relations Board (NLRB) ruled that overly broad noncompete and nonsolicitation provisions in an employment agreement violated an employee’s labor...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

Husch Blackwell LLP

National Labor Relations Board Weighs in on Common Employment Agreement Provisions

Husch Blackwell LLP on

The Division of Advice (the “Division”) of the National Labor Relations Board (the “NLRB”) recently released an advice memorandum examining the lawfulness of various key provisions – including non-solicitation,...more

Morrison & Foerster LLP

FTC Issues Final Rule Banning Non-Competes

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On April 23, 2024, the Federal Trade Commission (the “Commission”) voted to issue its final rule (the “Final Rule”) barring non-competes for most workers in the United States, with exceptions for non-competes entered into in...more

Jackson Lewis P.C.

Shaping Restrictive Covenants in Retail: Insights From Labor Board Guidance

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In the evolving retail landscape, where competition is fierce and intellectual property is paramount, the use of restrictive covenants has long been a cornerstone for protecting proprietary information and safeguarding...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

Parker Poe Adams & Bernstein LLP

NLRB Continues Assault on Noncompete Agreements

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As we have previously covered in EmployNews, in June 2023, the general counsel for the National Labor Relations Board (NLRB) released a memo arguing that most noncompete agreements violate Section 7 of the National Labor...more

Seyfarth Shaw LLP

Is the NLRB’s New Stance on Restrictive Covenants Mostly Bark With a Little Bite?

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The National Labor Relations Board (“NLRB”) sent shockwaves through the employment landscape when General Counsel Jennifer Abruzzo took the position that the “proffer, maintenance, and enforcement” of restrictive covenants...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

ArentFox Schiff

Beverage & Food Industry in 2024: 10 Hot Topics for Beverage & Food Industry Founders, Investors, and Executives

ArentFox Schiff on

2023 was a pivotal year for the beverage and food industry globally, creating new categories of winners and losers across the board. With a full year of operations largely relieved of pandemic-era restrictions, restaurant...more

Littler

Recent NLRB Activity is a Mixed Bag for Employers’ Use of Restrictive Covenants

Littler on

Two recent developments involving the National Labor Relations Board’s scrutiny of restrictive covenant agreements, per its general counsel’s Memorandum 23-08, have provided a mix of good and bad news for employers. On one...more

Mintz

Moonlighting in the Age of Employee Entitlement

Mintz on

No, this piece isn't about the 80s comedy-drama featuring a detective dynamic duo's snappy dialogue. This moonlighting refers to an employee working an extra job or two while simultaneously holding down a full-time job,...more

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