ALJ Sarah Karpinen ruled in the J.O. Mory, Inc. case involving a fired union organizer, ordering the employer to rehire with backpay. The case also addressed the legality of the employer’s non-compete and coworker non-solicitation clauses, deemed unfair labor practices. The non-compete clause was criticized for being overly broad and deterring protected activities, while the coworker non-solicitation clause was found to discourage discussing union benefits and improving working conditions. This ruling is significant as it’s the first time an ALJ has ruled these types of clauses violate the NLRA. Despite the FTC banning non-competes, the NLRD GC’s policies make them hard to enforce for non-supervisory workers.
https://www.nlrbedge.com/p/in-first-case-of-its-kind-nlrb-judge