NLRB Memo Attacks Enforceability of Non-Compete Agreements


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Jun 13 2023 23 mins  

On May 30, 2023, the National Labor Relations Board (NLRB) issued a memorandum advising NLRB regional directors that most non-compete agreements infringe on an employee’s Section 7 rights under the National Labor Relations Act (NLRA). The memo follows on the heels of the Federal Trade Commission’s (FTC) January 5, 2023, proposed rule prohibiting employers from imposing non-compete clauses on employees—a rule that the FTC has now delayed implementation of until April 2024. Labor & Employment Practice Group member Allen L. Hutson joins the podcast to discuss why the NLRB has begun to aggressively pursue the use of non-compete agreements, who will be affected by the new rules, and the impact they could have on other confidentiality and non-solicitation agreements.

About Allen L. Hutson

Addition Resources: The Federal Government Takes Another Shot at Non-Compete Agreements

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