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NLRB General Counsel Asserts Non-Competes Violate the National Labor Relations Act

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo’s efforts to alter the labor and employment landscape continue. The GC’s latest controversial enforcement memorandum (GC Memo 23-08) asserts that certain non-compete provisions in employment contracts and severance agreements violate the National Labor Relations Act.

The GC previously issued controversial enforcement memoranda involving such issues as:

  1. Invalidating Confidentiality, Non-Disparagement Provisions in Severance Agreements;
  2. Employee’s Right to Refrain from Captive Audience and Other Mandatory Meetings; and
  3. Limiting Electronic Monitoring of Employees.

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