Labor Law: "NLRB Developments: Stay-or-Pay, Non-Competition and Moonlighting Provisions, Employer Communications During Union Organizing and What to Expect During the Trump Presidency"

Labor Law Series Episode #642, Employment Matters, January 2, 2025

Francine Esposito was featured on the Employment Law Alliance's podcast Employment Matters in a labor law episode entitled, "NLRB Developments: Stay-or-Pay, Non-Competition and Moonlighting Provisions, Employer Communications During Union Organizing and What to Expect During the Trump Presidency." In her episode, Esposito explored the National Labor Relations Board (NLRB) General Counsel's recent recommendations that stay-or-pay, non-competition and moonlighting agreements or provisions be deemed unlawful under the National Labor Relations Act (NLRA), a federal labor law that applies to unionized and non-unionized workplaces alike. Esposito explained how these provisions which are often used to protect employers' interests are now seen as potentially infringing on employees' rights by discouraging them from pursuing better economic opportunities. As part of the remedies for such violations, the General Counsel advocates for broad "make-whole" relief, which would require employers to compensate employees for lost wages and benefits tied to these provisions. Esposito also addressed recent NLRB cases banning employers' use of "captive audience meetings" and limiting what employers can say to employees about the impact of choosing to unionize, as well as additional changes likely resulting from President Trump's reelection.

For over 30 years, Esposito has represented employers in various labor and employment matters, including at labor arbitrations, in union contract negotiations, before various administrative agencies (including but not limited to the NLRB, OSHA, and EEOC), and in employment-related litigation. She has extensive experience assisting employers in avoiding labor and employment disputes by conducting compliance audits and workplace investigations, designing employment policies and agreements, conducting training, and advising on a wide range of labor and employment-related issues, including but not limited to discipline and discharge, leave administration, layoffs, non-competition, anti-discrimination, administration of collective bargaining agreements and employer bargaining obligations.

To listen to the podcast, click here.