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Restrictive Covenants The National Labor Relations Act

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

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After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Fisher Phillips

Snapshot on the Manufacturing Industry: New Administration Rolls Back Biden-Era Labor Law Policy

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Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Maynard Nexsen

Acting NLRB General Counsel Rescinds Several GC Memos, including Guidance on Restrictive Covenants

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On February 14, 2025, newly appointed National Labor Relations Board Acting General Counsel William Cowen issued a General Counsel memorandum rescinding several memoranda issued by prior NLRB GC Jennifer Abruzzo. Among of...more

McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

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The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

ArentFox Schiff

Acting NLRB GC William Cowen Rescinds Abruzzo’s Noncompetes and Severance Agreements Memo

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Earlier this month, the Acting General Counsel of the National Labor Relations Board (NLRB), William Cowen, rescinded a slew of his predecessor’s policy memoranda. While general counsel (GC) memoranda are not the official...more

Keating Muething & Klekamp PLL

NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda

On February 14, 2025, National Labor Relations Board (NLRB) acting General Counsel William B. Cowen rescinded several memoranda issued by the former NLRB General Counsel Jennifer Abruzzo. The rescinded memoranda include, GC...more

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Littler

Rescission of NLRB General Counsel Memos on Non-Compete Agreements Indicates Shift in Enforcement Priorities

Littler on

On February 14, 2025, National Labor Relations Board Acting General Counsel William Cowan rescinded several previously issued memos, including two related to restrictive covenants: (1) GC Memorandum 23-08, Non-Compete...more

Adler Pollock & Sheehan P.C.

NLRB Acting General Counsel Rescinds Numerous General Counsel Memoranda of His Biden Era Predecessor

On Friday, February 14, 2025, Acting General Counsel of the National Labor Relations Board, William B. Cowen issued General Counsel Memoranda 25-05 rescinding in full, numerous General Counsel Memoranda of his predecessor,...more

Fisher Phillips

Acting NLRB Counsel Rolls Back Many Biden-Era Labor Memos and Begins Process of Changing U.S. Labor Laws: What Employers Need to...

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The Acting General Counsel of the National Labor Relations Board just signaled a new policy direction for labor law under the Trump administration by rescinding more than a dozen policies endorsed by previous leadership....more

Kilpatrick

Reshaping Federal Labor Policy: Acting NLRB General Counsel Rescinds Numerous Biden-Era Guidance Memos

Kilpatrick on

On February 14, 2025, National Labor Relations Board (“NLRB” or “Board”) Acting General Counsel William Cowen issued the first General Counsel memorandum (“GC Memo”) of the second Trump administration, GC 25-05....more

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

NLRB Acting General Counsel Rescinds Non-compete Labor Policy

In a significant development for employers that use restrictive covenant agreements, on February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel (GC) William B. Cowen rescinded prior NLRB GC memoranda,...more

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

NLRB Acting General Counsel Rescinds Many of Predecessor’s Memos, Sets Stage for New Labor Policy

On February 14, 2025, National Labor Relations Board (NLRB) Acting General Counsel William B. Cowen rescinded a series of memoranda issued by his predecessor, Jennifer Abruzzo, including regarding remedies, rights of college...more

Morgan Lewis

The Impact of the US Election on Labor and Employment Law

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What might the labor and employment landscape look like in 2025 and beyond? Consistent with proposed policies and past actions of the first Trump administration, forthcoming changes by the Trump-Vance administration could...more

Miller Nash LLP

NLRB GC Memo Circles Back on Noncompetes and “Stay-or-Pay” Provisions in Employment Agreements

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On October 7, 2024, the National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued GC Memorandum 25-01: “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay” Provisions that Violate the National...more

DLA Piper

Federal Crackdown on Worker Mobility Restrictions Continues Despite Early Setbacks

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Throughout the Biden Administration, worker mobility has been a touchstone of federal antitrust enforcement priorities. Despite several previous and well-publicized setbacks, federal agencies continue to pursue enforcement...more

Husch Blackwell LLP

Labor Law Insider - Non-Competes, Including “Pay-or-Stay” Provisions, Under Continued Assault

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Husch Blackwell partner Tyler Paetkau joins Labor Law Insider host Tom Godar to discuss the latest assault on non-compete agreements and their various iterations. While an August 2024 district court order enjoined the Federal...more

Paul Hastings LLP

Recent Developments Affecting Non-Competes and Employee Mobility

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Employers take note: a series of recent developments could impact the way that companies across the country handle non-competition restrictions and retention rules. First, recent developments in the legal challenges to the...more

Robinson & Cole LLP

Legal Update: General Counsel Memorandum Urges NLRB to Find Certain Non-Compete Agreements and Stay-or-Pay Provisions Unlawful

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On October 7, 2024, the National Labor Relations Board’s (Board) General Counsel, Jennifer Abruzzo, issued a memorandum urging the Board to find certain non-compete provisions unlawful and to remedy any related infringement...more

Orrick, Herrington & Sutcliffe LLP

NLRB General Counsel Cracks Down on Stay or Pay Provisions and Calls for Make Whole Remedies

The National Labor Relations Board (NLRB) General Counsel is cracking down on stay-or-pay provisions. Here are takeaways for employers from an October 7 memo: As a reminder, the NLRA only applies to non-supervisory employees,...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

Nutter McClennen & Fish LLP

NLRB General Counsel Says Noncompete and "Stay-or-Pay" Arrangements May Expose Employers to Damages

On May 30, 2023, the National Labor Relations Board’s (NLRB) General Counsel (GC), Jennifer Abruzzo, issued a memorandum setting forth the GC’s position that the proffer, maintenance, or enforcement of noncompete agreements...more

Genova Burns LLC

FTC Rule On Non-Competes Is Bruised But Not Yet Beaten As FTC Appeals, While NLRB Continues To Challenge Non-Competes

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In April 2024, the FTC issued a Rule declaring invalid most existing non-compete agreements and prohibiting most employers from entering into new non-compete agreements after September 3, 2024, with few exceptions. Three...more

BCLP

NLRB General Counsel Targets Non-Competes and Stay-or-Pay Provisions

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Last week, the National Labor Relations Board’s General Counsel Jennifer A. Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations Act...more

Bond Schoeneck & King PLLC

NLRB General Counsel Continues Challenge to Non-Compete Agreements, Announces Position on Sign-On Bonuses and Other “Stay-or-Pay”...

We previously reported that the National Labor Relations Board (NLRB or the Board) General Counsel Jennifer Abruzzo issued a memorandum in May 2023 advancing the position that non-compete agreements between employers and...more

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