skip to main content

Labor and Employment

Non-Compete A Non-Option? Consider Garden Leave

Effective post-employment restrictions have fallen into limbo. Several states have banned such restrictions outright, and the FTC has taken steps to eradicate them.1 Most states disfavor noncompete agreements and many impose unpredictable and shifting tests of validity. Court decisions provide no…

Read More

NLRB’s General Counsel Issues New Guidance Memo Challenging Non-Compete Agreements as Violating Section 7 of the NLRA

On May 30, 2023, NLRB General Counsel Jennifer Abruzzo issued a memo outlining her position that the proffer, maintenance, and enforcement of non-compete agreements violates the National Labor Relations Act (NLRA) with few exceptions. Abruzzo’s memo follows recent actions by the Federal Trade…

Read More

NLRB Memo Clarifies the Implications of McLaren Macomb and Whether Employers’ Severance Agreements Violate Employees’ NLRA Rights

On February 21, 2023, the NLRB issued a decision in McLaren Macomb reversing its previous holding in Baylor University Medical Center and once again outlawing the use of overly broad non-disparagement and confidentiality agreements in severance packages. A previous Krieg DeVault LLP Client Alert (…

Read More