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In May 2023, Jennifer A. Abruzzo (the “General Counsel”), General Counsel for the National Labor Relations Board (“NLRB”), took the position that certain non-compete provisions violate the National Labor Relations Act (“NLRA”) (as discussed here) by restricting employee mobility. Now, in an October 7, 2024, memorandum (GC 25-01), the General Counsel has expanded on the topic of employee mobility by targeting “stay-or-pay” provisions.

October 18, 2024
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Insight

It takes two to tango, but the National Labor Relations Board (“Board”) reaffirmed that it might only take one to engage in protected concerted activity.

September 12, 2023
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Insight

The drumbeat of opposition to non-compete agreements is getting even louder, as New York is now poised to enact a law that, if passed, would create sweeping prohibitions against non-competes in that state.

June 26, 2023
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Insight

While employers wait to see whether, and to what extent, the Federal Trade Commission enacts its proposed rule banning non-competes, the Office of the General Counsel for the National Labor Relations Board (the “NLRB”) has joined the fray, denouncing the legality of restrictive covenants.

June 5, 2023
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Insight

Employers (hopefully) are aware that their employees are afforded certain rights under the National Labor Relations Act (the “NLRA” or “Act”), including the right to self-organization, to bargain collectively, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.

May 18, 2023
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Insight

Consider the following scenario: Your company uses a contractor staffing company to perform cleaning and maintenance tasks at one of its facilities.

August 8, 2022
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Insight

Every year, April brings surprises for the unwary — typically in the form of an April fool’s joke.

June 17, 2022
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Insight

When unions seek to organize a group of employees, they often prefer to target a particular group or groups of employees in job classifications that they are confident will vote in favor of unionizing, as opposed to trying to persuade a much larger group.

April 20, 2022
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Insight

Proponents of organized labor were presumably pleased when Joe Biden was elected to be the 46th President of the United States, and with good reason.

April 14, 2022