Restrictive Covenants | Employment Contracts | News | HR Tools

NLRB Limits on Separation Agreements Are Retroactive

Date:: March 24, 2023

An NLRB ruling that nondisparagement or confidentiality clauses in separation agreements are unlawful if they would restrict or interfere with an employee's labor rights applies retroactively, according to a new General Counsel guidance memo.

NLRB Nixes Confidentiality, Nondisparagement Clauses in Separation Agreements

Date:: February 28, 2023

The NLRB put the brakes on the use of nondisparagement and confidentiality clauses in separation agreements if they require employees to waive their rights under the National Labor Relations Act.

FTC Intends to Ban Noncompete Agreements

Date:: January 5, 2023

The Federal Trade Commission estimated that banning noncompete agreements would increase workers' total earnings by $250 to $296 billion per year.

Congress Nixes NDAs for Sexual Assault or Harassment

Date:: November 17, 2022

If signed by President Biden as expected, the Speak Out Act will make nondisclosure agreements (NDAs) and nondisparagement contract clauses relating to disputes involving sexual assault and sexual harassment unenforceable by the courts if they were signed before a dispute arose.

DC Implements Its Long-Delayed Noncompete Ban After Making Amendments

Date:: September 29, 2022

The District of Columbia will implement its restrictions against the use of noncompete agreements beginning October 1, following delays to allow for amendments to be enacted.

Washington Bans NDAs That Silence Employee Speech About Workplace Misconduct

Date:: March 29, 2022

A new law bars employers from requiring or asking employees to sign provisions that bar them from disclosing illegal conduct in the workplace.

Colorado Enacts Criminal Penalties for Restrictive Covenants Violations

Date:: January 11, 2022

Employers in Colorado who require an employee to enter into an unlawful noncompete agreement soon may be subject to criminal penalties.

Illinois Enacts Extensive Changes to Its Noncompete Agreements Law

Date:: August 18, 2021

Changes to the Illinois Freedom to Work Act set criteria that must be met for a noncompete agreement to be valid and enforceable, and impose stricter limits on which employees may be subject to such an agreement.

Biden EO Calls for Limit or Ban on Noncompete Agreements

Date:: July 12, 2021

President Joe Biden issued an Executive Order on July 9 encouraging the Federal Trade Commission to use its rulemaking authority to ban or limit the use of unfair noncompete agreements.

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Restrictive Covenants Categories

All Items: Restrictive Covenants

NLRB Limits on Separation Agreements Are Retroactive

NLRB Nixes Confidentiality, Nondisparagement Clauses in Separation Agreements

FTC Intends to Ban Noncompete Agreements

Congress Nixes NDAs for Sexual Assault or Harassment

DC Implements Its Long-Delayed Noncompete Ban After Making Amendments

Washington Bans NDAs That Silence Employee Speech About Workplace Misconduct

Colorado Enacts Criminal Penalties for Restrictive Covenants Violations

Illinois Enacts Extensive Changes to Its Noncompete Agreements Law

Biden EO Calls for Limit or Ban on Noncompete Agreements

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