No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

On March 31, 2023   /   Artificial Intelligence, Copyright Law, Generative AI, Intellectual Property   /   Leave a comment
No Protection for Generative AI Imagery: New U.S. Copyright Office Decision

A recent decision by the U.S. Copyright Office established that the United States does not recognize copyright protection for images created by AI-driven image generators.  The Copyright Office recently granted copyright registration for a comic book, Zarya of the Dawn, after an individual filed an application with the agency. In the application, the individual listed herself as the author and stated that she created the comic book.  Shortly after registering the work, however, the Copyright Office

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New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

On March 26, 2023   /   Employment Law, NLRB, Non-Disparagement Agreement   /   Leave a comment
New NLRB Guidance for Severance Agreement Non-Disparagement Provisions

New guidance from the National Labor Relations Board (NLRB) is helping employees to understand the limits of non-disparagement clauses in severance agreements. According to a memo to NLRB field offices, lawful severance agreements are still permitted, as long as they do not contain overly broad provisions that affect employee rights to engage with one another to improve their working conditions.  As noted in the recent McLaren Macomb decision, the Board reaffirmed longstanding precedent that employers violate the

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Pay Transparency: Your Employer Can’t Tell You Not to Discuss Your Salary

On March 16, 2023   /   Washington, DC, Employment Law   /   Leave a comment
Pay Transparency: Your Employer Can’t Tell You Not to Discuss Your Salary

Has your employer told you not to discuss or compare your salary with co-workers? Your employer is wrong.  You may freely discuss your salary and benefits in Washington, D.C., Maryland and Virginia. Your employer cannot lawfully stop you. State and federal law protect an employee’s ability to discuss their pay freely and openly without fear of retaliation or termination.  Washington, D.C. Employees In the District of Columbia, the D.C. Wage Transparency Act restricts employers from

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Human Rights in D.C. Now Includes Reproductive Health Decisions

On March 16, 2023   /   Employment Law, Pregnancy Discrimination, Reproductive Health, Washington, DC, Employment Law   /   Leave a comment
Human Rights in D.C. Now Includes Reproductive Health Decisions

The District of Columbia recently updated it human rights laws to include a revised definition of sex discrimination in employment.  The updated law defines sex as “the state of being biologically male, female, or intersex, including associated medical conditions and reproductive health decisions.” The revision expands the prohibition on sex-based discrimination to include adverse actions based on reproductive health decisions. The revised law prohibits employers from engaging in retaliatory, coercive, or interfering behavior due to

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NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

On February 23, 2023   /   Employment Law, Non-Disparagement Agreement, Severance Agreement   /   Leave a comment
NLRB Rules Non-Disparagement Terms of Severance Agreement Unenforceable

The National Labor Relations Board has ruled that severance agreements cannot prevent terminated employees from making disparaging statements about their former employer or disclosing the agreement’s terms.  In its ruling, the board overturned two decisions made during the Trump administration. The NLRB found that the previous decisions had departed from precedent and violated workers’ rights of the National Labor Relations Act’s Section 7, which allows workers to communicate when self-organizing.  The board stated that offering

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Noncompete Ban Closer with New Senate Bill

On February 23, 2023   /   Employment Agreements, Employment Law, Washington, DC, Employment Law   /   Leave a comment
Noncompete Ban Closer with New Senate Bill

A new bill introduced in the U.S. Senate aims to prohibit enforcement of most noncompete agreements in employment. In February, Senators Chris Murphy and Todd Young introduced the Workforce Mobility Act of 2023.  The bill is similar to previous versions introduced in 2019 and 2021 and has also been sponsored by Representatives Scott Peters, Mike Gallagher, and Anna G. Eshoo, as well as Senators Tim Kaine and Kevin Cramer. If passed, the bill would generally ban

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D.C. Reintroduces Bill to Prohibit AI Discrimination in Employment Decisions

On February 21, 2023   /   Artificial Intelligence, Discrimination, Employment Law, Washington, DC, Employment Law   /   2 Comments
D.C. Reintroduces Bill to Prohibit AI Discrimination in Employment Decisions

The District of Columbia has reintroduced legislation to prevent discrimination by algorithms in employment decisions. The Stop Discrimination by Algorithms Act of 2023 would prohibit algorithmic discrimination by employers and require service providers to ensure that their AI tools are compliant with the law. The bill includes regulations for employers and prohibits algorithmic discrimination in other areas, such as consumer credit decisions, education and housing. The new bill would force employers to contractually require that their AI

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EEOC Examines Potential Risks of AI in Employment Decisions

On February 14, 2023   /   Artificial Intelligence, Discrimination, EEOC, Employment Law   /   Leave a comment
EEOC Examines Potential Risks of AI in Employment Decisions

At a recent hearing, the U.S. Equal Employment Opportunity Commission (EEOC) examined the impact of artificial intelligence (AI) and automated systems on employment decisions. The goal of the hearing was to identify potential concerns of employer use of artificial intelligence in all areas of employment decision making. The EEOC is concerned about the use of AI in employment decisions, as many companies use AI technologies for hiring, promotion, and other similar processes. Such tools include

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New Guidance for Hearing Disabilities in the Workplace & The ADA

On February 7, 2023   /   Accommodation, ADA, Discrimination, EEOC, Employment Law   /   Leave a comment

If you are an employee with a hearing condition covered under the ADA, such as deafness or difficulty of hearing, your employer or potential employer may have specific obligations to you. These protections have changed and expanded over time, and they may affect your rights both in your current workplace and during your next job interview.  New EEOC Guidance Recently, the U.S. Equal Employment Opportunity Commission (EEOC), the agency tasked with enforcing the Americans with

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New Pregnant Employee Law Expands Accommodation Protections

On January 31, 2023   /   Employment Law, Pregnancy Discrimination   /   Leave a comment
New Pregnant Employee Law Expands Accommodation Protections

A new federal law expands the rights of pregnant employees in obtaining accommodations. Under the new law, employers must grant reasonable accommodations to pregnant employees, even if the employee is not disabled as defined by the Americans with Disabilities Act. Employers will be required to provide reasonable accommodations to pregnant employees and applicants with temporary physical or mental limitations due to pregnancy, childbirth or related concerns, according to the Pregnant Worker Fairness Act that goes

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