Employment Law Commentary
Practical Answers to Employment Law Issues

Topic Archives: NLRB

  • - NLRB, Non-Compete

    NLRB General Counsel Memo Seeks Aggressive Enforcement Against Employee Non-Competes

    By: Eric Akira Tate, Andrew R. Turnbull, Melissa M. Harclerode and Kwan Park

    On May 30, 2023, the National Labor Relations Board’s (the “NLRB’s”) General Counsel Jennifer Abruzzo (the “General Counsel”) issued Memo General Counsel 23-08 (the “Memo”), expansively finding that non‑competes with employees violate the National Labor Relations Act (the “Act”), except in limited circumstances. As
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  • NLRB GC Takes Broad View of the McLaren Macomb Decision
    - NLRB, Announcements

    NLRB GC Takes Broad View of the McLaren Macomb Decision

    By: Andrew R. Turnbull and Kwan Park

    The General Counsel for the National Labor Relations Board (the “NLRB”) recently issued Memorandum GC 23-05 (the “Memorandum”), expansively interpreting the reach of the McLaren Macomb (“ McLaren ”) decision and raising more questions about how companies can lawfully use non-disparagement and confidentiality clauses
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  • NLRB Limits Use of Non-Disparagement and Confidentiality Provisions
    - NLRB, Announcements

    NLRB Limits Use of Non-Disparagement and Confidentiality Provisions

    By: Andrew R. Turnbull and Kwan Park

    In a reversal of Trump-era National Labor Relations Board (the “Board”) precedent, the Board found last week in McLaren Macomb that non-disparagement and confidentiality provisions in a severance agreement violate the National Labor Relations Act (“NLRA”) if those provisions have “a reasonable tendency” to
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  • Boomerang: The Trump NLRB Supplants the Obama NLRB
    - NLRB

    Boomerang: The Trump NLRB Supplants the Obama NLRB

    When Donald Trump took office in 2017, the members of the NLRB (Board) were predominantly appointees of President Obama. During the Obama presidency, the Board issued decisions that were mostly favorable to the interests of organized labor and its employee-members. Those decisions reversed years
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