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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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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Victory: $2.8 Million Award to Tech Sales Employee

On August 3, 2021   /   Uncategorized   /   Leave a comment

Natalie Koss, Esq., has won a $2.8 million arbitration award for her client, who was a high-performing technology salesperson in Federal sector sales. The award is for employment discrimination that the employee experienced when he tried to take parental leave at a publicly traded company in Maryland. According to the award, the employer is liable for interfering with the employee’s rights under the Family and Medical Leave Act and then retaliating against him when he

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