NLRB General Counsel Says 'Stay|or|Pay' Provisions Are Unlawful ...

TakeawaysNLRB GC Abruzzo expanded her theory that certain restrictive covenants are unlawful by also including “stay-or-pay” provisions.

General Counsel Abruzzo Issues Memo on Seeking Remedies for Non-Compete and Stay-or-Pay Provisions ... unlawful employment agreement provisions.

The memo further warns employers that the NLRB will seek expanded remedies for unlawful, overly broad noncompete and stay-or-pay provisions. In ...

Abruzzo (the “GC”) announced her position that “stay-or-pay” provisions in employment agreements are unlawful under the National Labor Relations ...

Stay-or-Pay Provisions Presumptively Unlawful · In More Detail: The Four Requirements · Next Steps for Employers · Make-Whole Remedies · Authors.

... provisions unlawfully interfere with ... However, the General Counsel determined that not all stay-or-pay arrangements are unlawful.

... Illegal and Promises Crack-Down on “Stay-or-Pay” Agreements. By Tyler ... NLRB's longstanding practice of ordering rescission of unlawful ...

The National Labor Relations Board's chief lawyer just said that many “stay ... Unlawful Repayment Provisions: Stay-or-pay provisions entered as ...

The General Counsel said she will urge the Board to find that such agreements are presumptively unlawful. ... stay-or-pay provisions.

Under GC Memo 25-01, the General Counsel contends that “stay-or-pay” agreements are presumptively unlawful. An employer can rebut that ...

... stay periods. The GC states that such provisions are presumptively unlawful under the NLRA, and that they can give rise to damage awards ...

Not all stay-or-pay provisions are unlawful in the general counsel's view, however. ... stay period expires is unlawfully coercive. Thus ...

For example, Abruzzo opines that employees forced to move to a certain distance for a job to comply with an unlawful non-compete should have the ...

Abruzzo's Memo also recommends that employers not only cancel any current unlawful non-compete or stay-or-pay agreements, but also ...

Rescission and Notification: The General Counsel will seek rescission of the unlawful “stay-or-pay” provision and require a notice to employees ...

Unlawful “Stay-or-Pay” Provisions and Non-Competes – Whether the Employee Stays or Goes, the NLRB's General Counsel Says It May Be Trouble · Stay ...

... Stay-or-Pay” Provisions Illegal Under the NLRA. On ... Counsel's position that many commonly used stay-or-pay provisions are unlawful.

General Counsel for the National Labor Relations Board memorandum urges NLRB to find stay-or-pay provisions unlawful, including training ...

Much like non-compete agreements, the General Counsel intends to seek significant remedies and damages from employers maintaining unlawful stay- ...

Beyond urging the NLRB to find many forms of non-compete agreements unlawful, the General Counsel also advocates for generous new remedies to be ...