In a memorandum released on May 30, 2023, the National Labor Relations Board (“NRLB”) General Counsel opined that noncompete agreements may violate the federal National Labor Relations Act (“NLRA”). In doing so, the General Counsel joins the Federal Trade Commission and a growing number of states in attacking the ability of employers to use these agreements.
Section 7 of the NLRA Act protects, among other things, the right of non-management employees to organize and to act together to improve working conditions. The NLRB General Counsel takes the position that noncompete ...
Title VII of the Civil Rights Act, which prohibits employment discrimination on the basis of race, color, religion, sex and national origin, requires employers with 15 or more employees to accommodate the sincerely held religious beliefs and practices of applicants and employees unless doing so would impose an “undue hardship on the conduct of the employer’s business.” 42 U.S.C. §2000e(j). On Thursday, June 29, 2023, the U.S. Supreme Court issued an opinion that clarified what “undue hardship” means in the Title VII religious accommodation context, raising the bar ...
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