NLRB Advice Memo Concludes Noncompete Agreements Do Not Violate the National Labor Relations Act

Short summary

The NLRB Division of Advice issued a memo on June 26, 2026, concluding that noncompete agreements do not generally violate Section 7 rights under the National Labor Relations Act, reversing the prior 2023 Biden-era position. The memo recommended dismissing charges filed by former employees but is not legally binding. Employers should still review restrictive covenants for enforceability under applicable state law, which remains the primary governing framework.

• •NLRB Division of Advice reversed 2023 position, finding noncompetes don't violate NLRA Section 7
• •Memo is non-binding but may deter ULP charges based on noncompete agreements
• •State law remains primary authority governing noncompete enforceability

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