National Labor Relations Board

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Scott Graham, Unsplash

On May 30, 2023, General Counsel to the National Labor Relations Board (“NLRB”) issued a memorandum (“Memo”) informing its regional offices of the agency’s current stance on the enforceability of employee non-competition agreements. In brief, the NLRB’s position is that most non-competes imposed against non-supervisory employees violate the National Labor Relations Act (“NLRA”). The Memo is the latest effort by the Federal Government to curb employers’ reliance on non-competes following the Federal Trade Commission’s proposed ban of these clauses earlier this year.Continue Reading Most Non-Competes Violate Federal Law According to NLRB General Counsel

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Cytonn Photography, Unsplash

It is not uncommon for employers to offer departing employees a severance package in exchange for their signature on a separation agreement. The employer’s primary goal in doing so is often to secure a release of all claims the departing employee may have. But some employers want to impose other obligations on departing employees, like commitments to refrain from disparaging the employer or disclosing information about the employer/the agreement itself. Their ability to do so was recently limited by the decision of the National Labor Relations Board (NLRB) in McClaren McComb.Continue Reading NLRB Restricts Inclusion of Non-Disclosure and Non-Disparagement Provisions in Severance Agreements