Make Sure Non-Disclosure Agreements Don’t Stymie Whistleblowing Small businesses who enter into non-disclosure agreements (NDAs) with employees need to ensure that those documents clearly delineate that they will not be used to discriminate against those who engage in “whistleblower” activity—or such employers could potentially face unpleasant regulatory consequences. This was…
Time to Review Severance Agreement Employers who have not already done so should comprehensively review their past and present severance agreements to ensure that any non-disparagement and confidentiality clauses contained therein do not run afoul of the National Labor Relations Board’s ruling in a February 2023 case called McLaren Macomb,…
Are Non-Competes Really Enforceable? Most non-compete agreements between employers and employees violate the National Labor Relations Act, according to a May 30 memo from Jennifer A. Abruzzo, general counsel for the National Labor Relations Board. Such agreements, which bar employees from taking certain types of positions or running certain types…
Illinois Freedom to Work Act Illinois Employers who want to protect their business and trade secrets by using restrictive employment contracts will find new hoops to jump through. The enforcement of non-compete and non-solicit agreements, designed to erect roadblocks to prevent former employees from gaining an unfair advantage due to…