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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New Law No Longer Silences Victims of Workplace Harassment

On January 30, 2023   /   Employment Law, Non-Disclosure Agreements, Severance Agreement, Sexual Harassment   /   Leave a comment
New Law No Longer Silences Victims of Workplace Harassment

Victims of workplace sexual harassment and assault may no longer be bound by non-disclosure and non-disparagement agreements, which are referred to as NDAs. Employees who have signed NDAs as a general condition of employment may no longer be silenced by their agreements, according to the “Speak Out Act,” recently signed into law. You must still be careful and understand how the law applies before speaking out. The law prohibits enforcement of NDAs if the agreement

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Get a Better Tech Layoff Severance Package

On January 27, 2023   /   Employment Law, Severance Agreement   /   Leave a comment
Get a Better Tech Layoff Severance Package

The first thing a tech worker should do when you receive a severance agreement is to call an employment lawyer.  Every employee has the right to speak with an attorney who specializes in severance agreement reviews, negotiations and enforcing employee rights. You might have claims that are worth more than the employer is offering you for giving up your rights.  Only an experienced lawyer can fully assess your situation. Remember, there is no “standard” agreement that you

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New FTC Rule Would Ban Noncompete Agreements

On January 5, 2023   /   Employment Agreements, Employment Law   /   Leave a comment

The U.S. Federal Trade Commission has broken new ground today in proposing a rule that could significantly impact employees across all industries and professions. This proposed rule prohibits employers from enforcing noncompetes on any employee or independent contractor, paid or unpaid. This prohibition could be a game changer for how employees transition to a new job at a different company within their industry. In many industries, including those in the technology field, those in sales-related

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$200,000 Award: Successful Unpaid Sales Commissions Arbitration

On August 5, 2021   /   Arbitration, Employment Law   /   Leave a comment

An arbitrator has awarded over $200,000 to a client represented by Natalie Koss, Esq., for unpaid sales commissions. The employer sells billions of dollars of open source software service packages annually. The successful arbitration award is for a technology salesperson who disputed the manner his employer categorized sales. The employer improperly categorized new sales as renewals for certain deals. When he alerted his employer to the mistake, they did nothing to resolve the situation and

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