News & Analysis as of September 18, 2024

Proposed Rules

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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 -

Deciphered Insights: Labor and Employment Legal Considerations

Ward and Smith, P.A. on 1/29/2024

Five Ward and Smith attorneys provided updates related to employment law, including non-compete agreements, unionization efforts, pregnancy laws, and overtime rules for exempt employees, during the firm’s recent In-House...more

Year in Review: Laws Impacting Employee Non-Competition, Non-Solicitation, and Non-Disclosure Agreements – What to Know, What to...

Mintz Edge on 1/5/2024

Many employers experienced whiplash in 2023 from the flurry of judicial, administrative and legislative activity aimed at restricting the use of employee non-competition, non-solicitation, and non-disclosure agreements. Can...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Evaluate the Risks When Using Non-Competes

Ruder Ware on 9/28/2023

In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements...more

The Changing Landscape of Non-Competes and Restrictive Covenants

Saiber LLC on 9/6/2023

A common example of a non-compete restriction is a new CPA who signs such an agreement as part of his or her onboarding paperwork. Years later, the CPA considers moving to another firm, or opening their own firm, but that...more

Q2 Employment Law Updates: Non-Competes, Religious Accommodation and More

DarrowEverett LLP on 7/18/2023

So far, 2023 has been a wild ride for employers, a theme that looks to be continuing into the third quarter of the year. While certain predictions we made during Q1 came true in Q2 (we are looking at you, NLRB), others such...more

The ‘New California?’ New York State Poised to Ban Noncompete Agreements

Miles & Stockbridge P.C. on 7/10/2023

The New York State Assembly, during a special legislative session last month, passed a bill that, if signed by the governor, will prohibit nearly all noncompete agreements for workers. With the passage of the bill, New York...more

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

Spilman Thomas & Battle, PLLC on 6/23/2023

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

FTC’s Proposed Non-Compete Ban Timeline Set Back After Thousands Submit Public Comments

ArentFox Schiff on 6/15/2023

Earlier this year, the Federal Trade Commission (FTC) proposed a rule that would, with limited exceptions, bar employers from using employee non-compete agreements and require rescission of existing non-compete agreements....more

NLRB Targets Noncompetes at Union and Nonunion Companies

McDermott Will & Emery on 6/13/2023

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

NLRB General Counsel Announces Employee Non-Compete Agreements Violate the NLRA

Sheppard Mullin Richter & Hampton LLP on 6/13/2023

On the heels of the National Labor Relations Board’s decision in McLaren Macomb, which invalidated most confidentiality and nondisparagement provisions in a variety of employment agreements (as we covered here and here), NLRB...more

NLRB’s General Counsel Issues Controversial Memo Criticizing Non-Competes

Amundsen Davis LLC on 6/8/2023

Following on the proposed rule of the FTC on non-competes, another federal threat to non-competes has emerged, this time from the National Labor Relations Board (NLRB)....more

The General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, has recently issued two memorandums...

Dorsey & Whitney LLP on 6/5/2023

Abruzzo has been busy. Within the last few months, she has issued two notable memorandums that could have significant impacts on how employers must comply with the National Labor Relations Act (“NLRA”). It is important to...more

New Guidance for Employee Agreements Could Change the Landscape of the Healthcare Industry

Maynard Nexsen on 4/24/2023

Two federal agencies, the Federal Trade Commission (“FTC”) and the National Labor Relations Board (“NLRB”), are reshaping the labor industry with guidance aimed at protecting and expanding employee rights. On January 5, 2023,...more

Policy Matters Newsletter - April 2023

Seyfarth Shaw LLP on 4/12/2023

More Fallout From The FTC Proposed Noncompete Rule. As Seyfarth summarized here, and we podcasted and summarized here, the FTC has published a proposed rule which would ban all non-compete agreements between employers and...more

Employment Flash: Special Edition

Skadden, Arps, Slate, Meagher & Flom LLP on 1/13/2023

The new year has brought a slew of changes in state laws, including those governing employee leave, privacy, as well as workplace discrimination and harassment. The federal Pregnant Workers Fairness Act and PUMP Act added...more

OFCCP’s Proposed Modifications to Scheduling Letter Would Result in Additional Burdens for Contractors Responding to Audits

Foley & Lardner LLP on 1/10/2023

In case the National Labor Relations Board’s recent decisions and the Federal Trade Commission’s new proposed rule on non-competes haven’t given employers enough to think about in the new year, companies with federal...more

Employment Flash - October 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 10/16/2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

National Labor Relations Board › Non-Compete Agreements › Proposed Rules

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