NLRB General Counsel Says Noncompetes Violate the NLRA: What Your Company and Clients Need to Know and Do Now

Did one person at the National Labor Relations Board just change 200 years of state noncompete law? Sort of.

For over 200 years, noncompetition agreements have been governed by state law. Forty-seven states and Washington, D.C. permit the use of reasonable noncompetes. But on May 30, 2023, the General Counsel of the National Labor Relations Board issued a memorandum proclaiming that most noncompetes violate the National Labor Relations Act. And, it is not just those agreements; other agreements – like no-recruit covenants – are in the crosshairs too.

This program will provide an understanding of the General Counsel’s position, what will likely happen, and how to protect your company and your clients in the face of it. 

During this discussion registrants will:

• Learn what the General Counsel's memo says and what it means (15 minutes)
• Understand how the General Counsel’s perspective lines up with recent state and federal efforts to limit noncompetes (10 minutes)
• Gain an understanding of the legal implications for companies using noncompetes (10 minutes)
• Find out what will happen next (10 minutes)

• Discover the steps to take now to protect your client’s business interests in the event noncompetes are curtailed for certain groups of workers (15 minutes)

Program Level: Update

Prerequisites: None

Advanced Preparation: None

Faculty:

Russell Beck

Beck Reed Riden LLP

Nicole Corvini Daly

Beck Reed Riden LLP

David S. Rubin

Nutter McClennen & Fish LLP