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NLRB’s noncompete pendulum has swung back

June 2023 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

Readers of this column know that the National Labor Relations Board (NLRB) was created to reflect the politics of the incumbent president. Each board member has staggered five-year terms, so every president gets to appoint a new majority in every term. Thus, it comes as no surprise that the Board has again reversed field on whether confidentiality, nonsolicitation, and noncompete agreements interfere with employee organizing rights.

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