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NLRB acting general counsel rescinds non-compete labor policy

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Re: NLRB acting general counsel rescinds non-compete labor policy

#5
Here is a more complete summary, they overturned a lot, including make-whole remedies for victims of unfair labor practices and restrictions on overbroad non disparagement and confidentiality agreements

https://www.nlrbedge.com/p/acting-general-counsel-rescinds-l...

Re: NLRB acting general counsel rescinds non-compete labor policy

#6
post #3

Does this matter? Corporations are on notice that this pendulum may swing the other way in four years (and remains permanently stuck the other way in certain states). They might just decide to steer clear of this minefield.

I don't think it's a minefield.

Ignoring all the other details, if someone waves the magic wand and makes it legal you can use it, when someone waves the magic wand and it's not legal, then the agreement is just void at that point. There's no retroactive consequences.

Re: NLRB acting general counsel rescinds non-compete labor policy

#7
post #3

Does this matter? Corporations are on notice that this pendulum may swing the other way in four years (and remains permanently stuck the other way in certain states). They might just decide to steer clear of this minefield.

15.5 quarters is a long time. I think they’ll take advantage of this change and then deal with 2029 in 2029.

Re: NLRB acting general counsel rescinds non-compete labor policy

#8
post #2

I'm glad my state took action on this topic. IMO noncompete clauses have no place in a free flowing market.

Correct me if I'm wrong, but this action by the NLRB expands the applicability of non-competes. The policy that they rescinded held that (some) non-competes violate employee rights.

Re: NLRB acting general counsel rescinds non-compete labor policy

#9
post #2

I'm glad my state took action on this topic. IMO noncompete clauses have no place in a free flowing market.

Correct me if I'm wrong, but this action by the NLRB expands the applicability of non-competes. The policy that they rescinded held that (some) non-competes violate employee rights.

That's my understanding too, this isn't some wholesale / anything goes "non-compete bonanza". It does however tell you what direction the administration would like this to go.
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