Abigail M. Moland

McGrath North Board Member and Shareholder Abbey Moland is a co-host and panelist for an educational and networking event focused on Modern Models of Success for Women in Law on Thursday, February 2, 2023. Over 100 women from Omaha’s legal community will be at this first post-pandemic relationship building event by Drinks Among Friends, a grassroots organization dedicated to bringing women in the legal community together, to empower them in their legal practices, in their roles as businesswomen and in their aspirations to lead.  

Webinar  

Under the direction of President Biden, the Federal Trade Commission (FTC) has issued a proposed rule that will outlaw non-compete agreements in the workplace. Back in July 2021, President Biden issued Executive Order 14036 directing the FTC to either ban or limit employee non-competes in order to promote competition in the American economy, increase wages, make it easier for employees to change jobs, and eliminate aggressive tactics by large companies. Biden's Executive Order specifically focused on the "unfair use" of non-compete clauses and other clauses that "unfairly limit" worker mobility.  

A new Nebraska law, passed as Legislative Bill 906 and signed by Governor Pete Ricketts, requires Nebraska employers who mandate COVID-19 vaccinations to grant religious and medical exemptions to most applicants and employees seeking such exemptions.  

When employees decide to leave their employer and engage in competition, they frequently overlook their duty of loyalty. Absent a non-compete or non-solicitation restriction, an employee may believe that he or she can freely engage in discussions with clients and customers regarding their intention to leave employment and engage in a competitive business.  

Recently, the General Counsel for the National Labor Relations Board (“NLRB”), Jennifer Abruzzo, issued a memorandum responding to inquiries that became prevalent after the McLaren Macomb decision. In McLaren Macomb, the NLRB took aim at overbroad non-disparagement and confidentiality provisions in severance agreements. The NLRB also found that simply offering a severance agreement to an employee can violate the National Labor Relations Act (“NLRA” or the “Act”) if the agreement provides severance benefits in exchange for giving up statutory rights under Section 7 of the Act - NLRB Takes Aim At Severance Agreements.