Jennifer Abruzzo, the General Counsel of the National Labor Relations Board (NLRB), has called for non-compete agreements to be curtailed on a nationwide basis for a large swath of employees.
In a recent memorandum – which is not binding precedent of the NLRB and only an explanation of the General Counsel’s prosecutorial priorities – Abruzzo contends that non-competes interfere with employee rights guaranteed by the National Labor Relations Act (NLRA). Her memo follows on the heels of the NLRB’s attack on confidentiality and non-disparagement provisions in separation agreements earlier this year, and marks Abruzzo’s latest move to assert the primacy of the NLRA over other employment laws and consensual agreements between employers and employees.
Read the full details in this client alert.