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National Labor Relations Board › Non-Compete Agreements › Employment Contract

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... more +
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 -
Balch & Bingham LLP

Non-Compete Contracts: Legally Undead

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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

Cohen Seglias Pallas Greenhall & Furman PC

[Event] Annual Labor & Employment Law Seminar: Key Updates and Best Practices for Employers - September 18th, Philadelphia, PA

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We are thrilled to bring back our Annual Labor & Employment Law Seminar in Philadelphia, featuring interactive discussions led by our skilled attorneys on critical topics impacting your business. This year, our Labor &...more

Venable LLP

FTC Rule Largely Banning Non-Competes Put on Ice by Federal Judge

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This past April, the Federal Trade Commission (FTC) proposed a rule (Rule) that amounted to a near total nationwide ban on employers’ use of non-compete agreements. Since its announcement, employers have actively attempted to...more

McCarter & English, LLP

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

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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

Warner Norcross + Judd

FTC Noncompete Rule Set Aside with Nationwide Effect

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On August 20, 2024, a Texas federal court blocked the Federal Trade Commission’s (FTC) Noncompete Rule scheduled to go into effect on September 4, 2024. Unlike a preliminary injunction entered earlier this year, which only...more

Seyfarth Shaw LLP

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

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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

Kilpatrick

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

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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

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

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

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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

Jenner & Block

NLRB Settles Noncompete Regulatory Action

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In May 2023, the General Counsel of the National Labor Relations Board (“NLRB”) published a memorandum stating that an employer who requires a nonmanagerial/nonsupervisory employee to sign a noncompete agreement violates...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

Spilman Thomas & Battle, PLLC

Walking the Tightrope to Enforce a Non-Compete in 2024

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Non-competition agreements are not doing so hot. Recently, more states have outlawed or tightened restrictions on them, and the federal government has stepped into the fray in policing them. For example, the Federal Trade...more

ArentFox Schiff

Top 10 Legal Challenges for Employers

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With 2024 underway, we highlight some of the most pressing legal issues facing employers this year, including increased regulation of noncompetition agreements, new paid family and medical leave laws, a new Overtime Rule, and...more

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

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The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...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

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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

Littler

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

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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

Miles & Stockbridge P.C.

NY Governor Vetoes Ban on Employee Noncompete Provisions

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New York Gov. Kathy Hochul in December vetoed a bill passed by the New York Legislature that would have prohibited nearly all noncompete agreements in the state regardless of the context, salary level or job function of the...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Says Employers Cannot Bar Outside Employment

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The National Labor Relations Board (NLRB) is chipping away at employment agreements and other restrictive covenants one clause at a time. In a recent memorandum, the General Counsel said she believes restricting employees...more

Clark Hill PLC

The Attack on Employment Noncompetes: The Status of Federal Initiatives

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Historically, enforcement of noncompete agreements has been a subject of state law, not federal law. States have taken many different approaches to the agreements. A few states have enacted laws that ban the enforcement of...more

Faegre Drinker Biddle & Reath LLP

Top 10 Noncompete Developments of 2023

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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

Haynsworth Sinkler Boyd, P.A.

Beyond the Horizon: What Employers Need to Know About the Latest Non-Compete Proposed Rules

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During a recent webinar, Denny Major discussed the latest updates employers need to know about non-compete agreements and overtime requirements. In this blog post, Denny will highlight key takeaways and considerations for...more

Robinson & Cole LLP

New York Proposed Ban on Non-Compete Agreements Vetoed; FTC and NLRB Proposed Nationwide Bans Remain Pending

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On December 22, 2023, New York Governor Kathy Hochul vetoed proposed legislation that would have banned all employee non-compete agreements in New York. In our June 2023 Legal Update, we outlined the proposed legislation that...more

Fisher Phillips

Test Your 2023 Workplace Law Knowledge With This Quiz

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Were you paying attention to all the workplace law developments in 2023? While it’s hard to keep up with so many changes, you can take our quiz to test your knowledge and see how you stack up. But don’t worry if you get a...more

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