On May 30, 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) took a step toward the federal regulation of employee noncompetition agreements. The GC published a memorandum (the Memo) in which she expressed her opinion that “the proffer, maintenance, and enforcement of such agreements violate Section 8(a)(1)” of the National Labor Relations Act (the Act). Section 8(a)(1) makes it an unfair labor practice for an employer to interfere with employees’ rights to engage in concerted activities provided in Section 7 of the Act.
NLRB Signals Challenge to Noncompete Agreements for Non-Supervisory Workers
