Region 9-Cincinnati Issues Complaint Alleging Unlawful Non-Compete and Training Repayment Agreement Provisions (TRAPs)

Cincinnati—On September 1, Region 9-Cincinnati Regional Director Eric A. Taylor issued a consolidated complaint against Harper Holdings, LCC d/b/a Juvly Aesthetics (Employer). The consolidated complaint covers violations arising in Ohio and Wisconsin, which were investigated by Region 9-Cincinnati and Region 18-Minneapolis of the National Labor Relations Board.

The consolidated complaint alleges numerous violations, including maintaining unlawful confidentiality, non-disparagement, non-compete, no-solicitation, and training repayment provisions. The consolidated complaint also alleges that the Employer violated the National Labor Relations Act by demanding one of its former employees pay $60,000 for the costs of training during her employment and demanding another one of its former employees pay $50,000 for the cost of training during her employment. The consolidated complaint further alleges that the Employer told employees not to discuss their terms and conditions of employment, including their individual employment contracts, bonuses, and evaluations. The consolidated complaint seeks all just and proper relief, including rescission of the unlawful policies and the demands for training costs, as well as make-whole monetary relief for the former employees.

“As General Counsel Abruzzo has explained, provisions like these, that in practice cut off employees’ ability to leave their job, interfere with employees’ exercising their rights under Section 7 of the National Labor Relations Act,” said Region 9 Regional Director Eric A. Taylor. “Through this consolidated complaint, we expect to make affected employees whole for their losses, including reinstatement where applicable, and ensure that employees can freely discuss their working conditions and take other protected concerted action without fear of retaliation or interference.”

Established in 1935, the National Labor Relations Board is an independent federal agency that protects employees, employers, and unions from unfair labor practices and protects the right of private sector employees to join together, with or without a union, to improve wages, benefits and working conditions. The NLRB conducts hundreds of workplace elections and investigates thousands of unfair labor practice charges each year. Region 9 serves Indiana, Kentucky, Ohio, and West Virginia from its Regional Office in Cincinnati.