Think Before You Speak & Post: New Risks for Employees with Confidentiality & Non-Disparagement Provisions in Severance Agreements

On March 17, 2025   /   Employment Law, Non-Disclosure Agreements, Non-Disparagement Agreement   /   Leave a comment
Think Before You Speak & Post: New Risks for Employees with Confidentiality & Non-Disparagement Provisions in Severance Agreements

In a significant shift in labor and employment policy, the National Labor Relations Board (NLRB) has rescinded guidance related to its McLaren Macomb decision, a move that could have far-reaching consequences for employees negotiating severance agreements.  The rollback, initiated under Trump’s new leadership at the NLRB, weakens previous protections against overly broad confidentiality and non-disparagement clauses – provisions that have long been used by employers to restrict what departing employees can say about their former

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AI News: Regulation of Employment & Consumer Systems Advances in Virginia

On March 17, 2025   /   Artificial Intelligence, Employment Law, Virginia Employment Law   /   Leave a comment
AI News: Regulation of Employment & Consumer Systems Advances in Virginia

The Virginia legislature recently passed a consumer protection bill designed to regulate AI decision-making systems and aims to prevent algorithmic bias. Artificial intelligence systems that make employment decisions, which would include recruitment, hiring, performance review, and termination decisions, are included in the bill. The Virginia High-Risk Artificial Intelligence Developer and Deployer Act, H.B. 2094, targets businesses that develop, modify, or deploy high-risk AI within the state. The bill now moves to the governor for signature.

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We’re Having a Great Year! Potomac Legal Group Secures $3.5 Million in Settlements for Employees in Early 2025

On March 10, 2025   /   Employment Law, Maryland Employment Law, Virginia Employment Law, Washington, DC, Employment Law   /   Leave a comment
We’re Having a Great Year! Potomac Legal Group Secures $3.5 Million in Settlements for Employees in Early 2025

Potomac Legal Group is off to an exceptional start in 2025, successfully negotiating $3.5 million in settlements on behalf of our clients in just the first two months of the year. Our results reflect the Firm’s unwavering commitment to protecting employee rights and securing the compensation they deserve. The Firm’s recent settlements span a wide range of employment-related disputes, including severance negotiations, employment discrimination claims, and defamation matters. By leveraging our extensive experience in employment

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What Should a Federal Employee Do Now? Layoffs, Executive Orders & Elon Musk

On February 27, 2025   /   Employment Law, Federal Employment, Federal RIF, Trump Administration   /   Leave a comment
What Should a Federal Employee Do Now? Layoffs, Executive Orders & Elon Musk

Federal employees are enduring emotional whiplash from Trump’s first five weeks in office, as the administration and Elon Musk have attempted to brute-force their ‘drained swamp’ vision of federal agencies on the workforce. A sweeping shake-up is underway, as large-scale layoffs, executive orders, and a controversial mandate from Musk fuel concerns about the stability of government operations. Despite mounting resistance, the upheaval shows no signs of slowing down, with each new policy change intensifying the

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Social Security Administration Closes EEO Office

On February 26, 2025   /   Discrimination, Employment Law, Federal Employment, Federal RIF, Trump Administration  
Social Security Administration Closes EEO Office

In a shocking development, the Social Security Administration (SSA) recently announced the closure of the Office of Civil Rights and Equal Opportunity. As part of its decision, the agency has reportedly placed 100 employees on administrative leave for 30 days pending termination. The SSA has confirmed that the office’s primary functions of processing Equal Employment Opportunity (EEO) complaints and handling reasonable accommodation requests will be redistributed to other SSA divisions, in compliance with statutory requirements.

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President Trump Fires EEOC Commissioners, Agency Continues Investigations

On January 29, 2025   /   EEOC, Employment Law   /   Leave a comment
President Trump Fires EEOC Commissioners, Agency Continues Investigations

President Trump made an unprecedented move to fire two Democratic commissioners, Jocelyn Samuels and Commission Chair Charlotte Burrows, of the U.S. Equal Employment Opportunity Commission (EEOC), on January 27, 2025, in an apparent effort introduce partisan bias into the agency’s decision making. The move also stalls policy making at the agency. Without three sitting members, the commission does not have a quorum, and the EEOC cannot move forward on any policy changes until successors are

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Mass Email Asks Federal Employees to Commit to a “Reformed” Workforce, or Resign

On January 29, 2025   /   Employment Law   /   Leave a comment
Mass Email Asks Federal Employees to Commit to a “Reformed” Workforce, or Resign

The U.S. Office of Personnel Management (OPM) has sent a mass email to federal employees, outlining an option for voluntary resignation with pay through September 30, 2025. According to OPM, employees interested in the offer were instructed to respond directly to the email to indicate their intent to resign. Federal employees who choose to resign by February 6th would qualify for the “severance” package. However, not all employees are eligible. Agency heads will determine certain

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The New FTC Noncompete Ban: A Guide for Employees

On May 24, 2024   /   Employment Law, Federal Trade Commission, Non-Compete Agreement, Non-Compete Agreement  
The New FTC Noncompete Ban: A Guide for Employees

In a recent landmark vote, the Federal Trade Commission (FTC) banned nearly all existing and future noncompete agreements. The FTC has long argued that binding noncompete agreements are an unfair method of competition under Section 5 of the FTC Act.  For employees, understanding the details of this new regulation and knowing the necessary steps to take is crucial, as the new rule will significantly reshape the employment landscape. Who Will Be Affected? The FTC’s ban

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FTC Votes ‘YES’ on Nationwide Noncompete Ban

On May 6, 2024   /   Employment Law, Federal Trade Commission, Non-Compete Agreement, Non-Compete Agreement   /   Leave a comment

The Federal Trade Commission (FTC) recently voted to ban almost all existing and future noncompete agreements. The Final Rule states that noncompetes are considered an unfair method of competition that violates Section 5 of the FTC Act.  The ban will not apply to noncompetes held by senior executives. The Final Rule defines a senior executive as someone earning more than $151,164 annually and holds a policy making position. The ban will also not apply to

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EEOC Issues Final Rule for Pregnant Workers Fairness Act

On May 6, 2024   /   EEOC, Employment Law, Pregnancy Discrimination   /   Leave a comment

The Equal Employment Opportunity Commission (EEOC) issued its final regulation to carry out the Pregnant Workers Fairness Act (PWFA), previously enacted in 2023.  The PWFA requires covered employers to make reasonable accommodations related to an employee’s pregnancy, childbirth, or pregnancy-related medical conditions. Employers are not required to make accommodations if doing so would cause undue hardship. The Final Rule on the PWFA intends to “fill the gaps” of federal protection for employees. The Final Rule

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