NLRB General Counsel Provides Clarification on Severance Agreement Non-Disparagement and Confidentiality Provisions

As has been widely reported, including in our February E-Update, the National Labor Relations Board recently asserted that severance agreements may not contain general non-disparagement or confidentiality/non-disclosure clauses, based on its premise that such clauses violate the rights of employees under Section 7 of the National Labor Relations Act to […]

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FTC Proposes Near-Total Ban on Non-Compete Agreements

On January 5, 2022, the Federal Trade Commission issued a proposed rule that would ban nearly all non-compete clauses in employment agreements – both existing and future. As set forth in the FTC’s accompanying Fact Sheet, non-compete provisions violate the Federal Trade Commission Act, which prohibits “unfair methods of competition […]

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