News & Analysis as of September 21, 2024

Employment Contract

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

Court Direction on FTC’s Noncompete Ban Expected This Summer

Carlton Fields on 5/3/2024

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

Top 10 Noncompete Developments of 2023

Faegre Drinker Biddle & Reath LLP on 1/19/2024

2023 was an eventful year for those following state and federal noncompete law developments. Federal agencies, state legislatures and courts continued to take steps to narrow the circumstances under which noncompetition...more

The Year in Unfair Competition and Trade Secrets: 2023 Developments and What Is on the Horizon for 2024

Littler on 12/20/2023

2023 was an active year in the world of unfair competition and trade secrets law, with employers’ use of restrictive covenant agreements coming under assault at the Federal Trade Commission and National Labor Relations Board,...more

Preemption Questions Continue as FTC and NLRB Fight Restrictive Covenants

Epstein Becker & Green on 11/29/2023

As federal administrative agencies wade further into rulemaking and adjudicative efforts to outlaw noncompetes and restrictive covenants, defendants are beginning to raise preemption arguments in response to state court...more

Q3 Employment Law Updates: Enforcement Actions Bring Much for Employers to Consider

DarrowEverett LLP on 10/11/2023

The third quarter of 2023 has been pretty exciting as far as employment lawyers are concerned. Substantial regulations have been proposed and the pressure from federal agencies continues to rise. We will talk about some of...more

States Continue Trend of Banning Employee Non-Competes

WilmerHale on 7/6/2023

Coming on the heels of the Federal Trade Commission’s proposed rule banning employee non-competes and one week before the National Labor Relations Board’s General Counsel published a memo taking the position that...more

NLRB Enforces Strict Requirements for Savings Clauses in Employee Arbitration Agreements

Payne & Fears on 8/12/2020

The National Labor Relations Board (“NLRB” or “Board”) has recently issued a half-dozen decisions addressing the lawfulness of employee arbitration agreements. Employers should not ignore this body of law, which applies to...more

5 Things You Need To Know About The Labor Board’s New Joint Employment Rule

Fisher Phillips on 2/26/2020

The National Labor Relations Board just published a final rule that will soon fundamentally alter the definition of joint employment, making it more difficult for businesses to be held legally responsible for alleged labor...more

NLRB Invalidates Mandatory Arbitration Agreement That Contains No Exceptions For Filing Administrative Charges

Seyfarth Shaw LLP on 10/17/2019

Seyfarth Synopsis: A new decision reinforces that the National Labor Relations Board will invalidate arbitration agreements that explicitly, or when reasonably interpreted, prohibit filing administrative charges....more

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

Proskauer - Labor Relations Update on 8/16/2019

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

March 2019: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 4/10/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Union Not Entitled to Information About How Employer Spends Money From Tax Cut, NLRB General Counsel Rules

Proskauer - Labor Relations Update on 12/11/2018

In prior posts, we have discussed how information requests made in the context of a bargaining relationship can be vexing. The standard of the employer’s obligation to provide information can be a moving target, depending on...more

SCOTUS Employment Cases and Petitions for The Upcoming Term

Holland & Hart - Employers' Lawyers on 9/28/2018

The Supreme Court of the United States will begin its upcoming session on Monday, October 1, 2018. Currently, eight justices preside over the high court following Justice Anthony Kennedy’s retirement after the end of the last...more

Class Waivers at the Divided Supreme Court: Employers Cautiously Optimistic

Seyfarth Shaw LLP on 10/4/2017

Seyfarth Synopsis: Following oral argument, employers should be cautiously optimistic that the Supreme Court will allow mandatory arbitration programs containing waivers of the ability to bring collective and class actions....more

Federal Government Does About-Face on Enforcement of Arbitration Agreements in Employment Contracts

Foley & Lardner LLP on 8/18/2017

One of the changes in approach that the current administration has taken to the legal system—a change often overshadowed by other headlines—is the current administration’s willingness to enforce arbitration clauses. While...more

Supreme Court Will Review Three Cases Involving the Lawfulness of Class and Collective Action Waivers

Littler on 1/16/2017

On January 13, 2017, the U.S. Supreme Court granted certiorari in three cases involving the lawfulness of class and collective action waivers in arbitration agreements. Since the National Labor Relations Board’s 2012...more

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

Pullman & Comley - Labor, Employment and... on 11/30/2016

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

Littler on 9/12/2016

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

Mandatory Class Waivers Struck Down By 9th Circuit

Fisher Phillips on 8/23/2016

Employers received their most bruising loss in the ongoing war involving class action waivers today, as the 9th Circuit Court of Appeals became the second federal circuit to strike them down as illegal. When the 7th Circuit...more

What GCs Need to Know About Settling Employment Claims

Zelle LLP on 2/5/2016

As we noted in a recent post on another topic, most of the lawyers we know who serve as general counsel are stretched pretty thin. It’s just not possible for them to become expert in all the areas of law they encounter....more

NLRB Again Attempts to Invalidate Mandatory Arbitration Clauses for Employment Claims

Mintz - Employment, Labor & Benefits... on 12/10/2014

In its Murphy Oil decision, the National Labor Relations Board affirmed its 2012 holding in D. R. Horton, which found an employer violates the NLRA when it requires employees “as condition of their employment, to sign an...more

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