Non‐Competition Agreements: An Invitation for the Union Organizer

Abstract

One of the hot topics in labor and employment in 2023 has been that of non‐compete agreements. Over the past several years, many states have taken steps to limit their enforceability or, in the case of California, outright ban them. Earlier this year, the Federal Trade Commission announced efforts to curb the use of non‐compete agreements. Not to be outdone, the NLRB's General Counsel also entered the fray and recently issued a memo finding that certain non‐compete agreements violate the National Labor Relations Act (NLRA).