Employees can jointly negotiate to eliminate their non-competes under the protection of the National Labor Relations Act (NLRA).


Using a new approach, two or more non-supervisory employees with a “community of interest” can form a "pop-up employee association" to jointly negotiate with their employer to eliminate their non-competes under the protection of the NLRA.Examples of small groups of employees that have met the "community of interest" standard include 30 cosmetics counter workers at a single Macy's store, and employees at a single mobile phone retail store.
 The employees can form or join a union if the association can't convince the employer to eliminate their non-competes.

The non-competes of the editorial staff at Law360 were recently eliminated concurrent with union organizing. There, a non-compete triggered a vote by the editorial staff to join an established union, though the non-competes were eliminated through a settlement between Law360 and the New York Attorney General a few weeks before the unionization vote.Unions generally don't allow noncompetes in their contracts with employers
Negotiate jointly.
Consider forming a union.
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