The National Labor Relations Board’s (NLRB) General Counsel Jennifer Abruzzo has issued a memorandum to the NLRB’s field staff expressing her view that non-compete agreements (NCAs) violate the National Labor Relations Act (NLRA) and asking them to find a case for her office to prosecute. Memorandum GC 23-08 follows a ruling earlier this year (McLaren Macomb) in which the NLRB’s Democratic majority ruled that employers violate the NLRA when they merely offer severance agreements that contain confidentiality and nondisparagement provisions. Ms. Abruzzo’s memorandum urges the NLRB to adopt a similar standard in evaluating NCAs.
Members of the Center for Workplace Compliance (CWC) can read more here.