Complete Story
03/12/2025
Stay-or-Pay Provisions
Source: Federated Insurance, February 18, 2025
Question
To provide professional development for our employees and make them more effective at their jobs, we pay for extensive training and educational courses. However, we have had three employees within the past year take the company-paid training and educational courses and then leave our company shortly thereafter, before we had a chance to earn a return on our investment. Are we allowed to implement “stay-or-pay” provisions, in which we require employees to pay back the amount of the courses if they leave our company within, for example, a year after completing the courses?
Answer
Stay-or-pay provisions are contractual terms that require employees to repay their employers if they terminate employment (voluntarily or involuntarily) within a specified time period. Examples include training repayment agreement provisions (also known as TRAPs), educational repayment contracts, quit fees, damages clauses and sign-on bonuses. Stay-or-pay provisions are generally considered a type of noncompete agreement because they discourage employees from seeking new employment elsewhere by imposing financial penalties if they leave their jobs.
In 2023, the General Counsel (GC) of the National Labor Relations Board (NLRB) issued a memorandum declaring that overbroad noncompete clauses are unlawful because they chill employees from exercising their rights under the National Labor Relations Act (NLRA). More recently, on Oct. 7, 2024, the GC issued a memorandum asserting that certain stay-or-pay provisions unlawfully infringe on employee rights under the NLRA. Although the GC memorandum is not binding and has not been adopted by the NLRB, it provides a framework for the NLRB to establish the validity of stay-or-pay provisions and notifies employers that such provisions will be an area of focus for the NLRB’s enforcement efforts in the future.
Before moving forward with any type of noncompete agreements or provisions, including stay-or-pay provisions/TRAPs, employers should check their state laws. Noncompete agreements are generally governed by state law; therefore, the validity and enforceability of these contracts will vary by state. Since noncompetes are often the subject of litigation, employers should also consult with legal counsel when drafting any agreements or provisions.
ENCORE Leadership Conference: Future Ready—Building Smarter Print Operations
On Monday, September 22, 2025, Graphic Media Alliance hosts the ENCORE Leadership Conference at the Quest Conference Center in Columbus. This focused, one-day program brings together proven practitioners to share how automation, data, and modern leadership can drive smarter, more resilient print operations.
Read MoreHonoring Excellence
The 2025 PEA Grand Ceremony was a night of inspiration, recognition, and community within the Michigan, Ohio and Northern Kentucky printing community.
Read MoreNew Lawsuit Highlights Concerns About AI Notetakers
A new lawsuit just filed against Otter.ai underscores the legal and compliance risks companies face when using AI notetakers – and serves as a good reminder to deploy best practices to reduce your risks.
Read MoreCPI Change Foretells Small USPS Price Increase
Unless Postmaster General David Steiner reverses his predecessor's policy of semi-annual postage price increases, the Postal Service's stated schedule calls for another to be effective in January 2026.
Read MoreYour Digital Story
Everyone has a story to tell. But, we also have stories told about us...stories that affect our sales. In this week's Short Attention Span Sales Tip, Bill Farquharson challenges you to take charge of your online persona so your customers see you in the best possible light.
Read More