NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

NLRB Finds Its First Noncompete Target—and Its Charges Go Well Beyond an “Overbroad” Noncompete

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The National Labor Relations Board (NLRB) has found its first target under recent guidance issued in a memo from its General Counsel claiming that noncompete agreements may violate the National Labor Relations Act (NLRA). According to Bloomberg Law, “[t]the NLRB’s …

Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee

Ohio Appellate Court Holds Logistics Company was Improperly Limited to Half a Remedy, Reviving Noncompete Suit Against a Former Employee

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The day after obtaining federal brokerage authority for the logistics company he formed a month earlier, Christopher Johnson, a North Carolina resident, resigned from his employment with Cincinnati-based Total Quality Logistics, LLC (“TQL”). TQL then sued Johnson and his company …

NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees

NLRB General Counsel Issues Memo Targeting Noncompete Agreements for Nonmanagerial and Nonsupervisory Employees

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The National Labor Relations Board’s top lawyer, Jennifer Abruzzo, issued a General Counsel memo today instructing the Labor Board’s Regional Directors of her position that noncompete clauses for employees protected by the National Labor Relations Act (NLRA) (ie., nonmanagerial and …

Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to

Senators Release Report from Government Watchdog on the Prevalence and Economic Effects of Noncompete Agreements Amid Intensifying Federal and State Efforts to

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On May 17, 2023, US Senator Rob Wyden (D-OR) announced the release of a long-awaited report on the US Government Accountability Office’s multi-year investigation into the use of noncompete agreements across the US labor market. In announcing the release, Senator …

Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant

Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant

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For the last decade, one of the biggest issues in the Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the agreement was signed. The “24 …