Foley & Lardner LLP Partner Carrie Hoffman is quoted in the SHRM article, “NLRB General Counsel: Noncompete Agreements Usually Are Unlawful,” discussing a recent memo released by the National Labor Relations Board (NLRB) stating that noncompete agreements violate the National Labor Relations Act.
Hoffman explained the practical of the memo is that an employer that intends to stand by its noncompete agreements should be ready for litigation. The NLRB would find noncompetes even in a nonunionized workforce to be a violation and therefore an unfair labor practice or other restraint on Section 7 rights, she said.
