New York Senate Passes Non-Compete Agreement Prohibitions

On June 12, 2023   /   Employment Law, Non-Compete Agreement   /   Leave a comment
New York Senate Passes Non-Compete Agreement Prohibitions

The New York State Senate has successfully passed a bill that aims to prohibit the use of non-compete agreements within the state to safeguard every employee’s future employment opportunities. The bill, S.3100A, if signed into law, will effectively curb employers from imposing restrictions that hinder their employees’ mobility, without unduly impeding businesses from protecting proprietary information through alternative means such as confidentiality agreements and non-solicitation agreements. According to State Senator Sean Ryan, who has championed

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EEOC Releases New Resource for Incorporating AI & Automated Systems into Employment Decisions

On May 19, 2023   /   Artificial Intelligence, Bias Audit, EEOC, Employment Law   /   Leave a comment
EEOC Releases New Resource for Incorporating AI & Automated Systems into Employment Decisions

The U.S. Equal Employment Opportunity Commission (EEOC) has published a comprehensive technical assistance document to address the growing concern of discrimination against job seekers and workers in relation to the use of automated systems, including those incorporating artificial intelligence, by employers. The EEOC, as the primary federal agency responsible for enforcing Title VII, seeks to ensure that these technologies align with civil rights laws and promote fairness, justice, and equality. The new publication, Assessing Adverse Impact

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Two New California Initiatives Seek to Regulate AI in Employment Decisions

On May 17, 2023   /   Artificial Intelligence, Bias Audit, Employment Law   /   Leave a comment
Two New California Initiatives Seek to Regulate AI in Employment Decisions

The California State Assembly has introduced a new bill to regulate artificial intelligence systems. The proposal, A.B. 331, requires developers of AI systems to mitigate inherent bias within automated decision-making tools (ADTs). The bill seeks to regulate ADTs, which are used to make decisions on any type of eligibility for a benefit or penalty. While these systems have been traditionally used for credit decisions, their usage has expanded to employment screening, insurance eligibility, and health

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Maryland Employment Law Updates: Minimum Wage, Time to Care Act & Non-Compete Agreement Limitations

On May 3, 2023   /   Employment Law, Family & Parental Leave, Maryland Employment Law, Non-Compete Agreement, Pregnancy Discrimination   /   Leave a comment
Maryland Employment Law Updates: Minimum Wage, Time to Care Act & Non-Compete Agreement Limitations

At the end of its recent session, the Maryland legislature passed two new pieces of employment legislation for Governor Wes Moore’s signature. In its long-running efforts to implement family leave, the legislature passed Senate Bill 828, which is a modification to the Time to Care Act that governs Maryland’s new Family and Medical Leave Insurance Program. The bill would delay the start date and make administrative changes to the program. The legislature also sought to

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Virginia Governor Signs Two New Employee Protection Bills into Law

On April 24, 2023   /   Employment Law, Non-Disclosure Agreements, Non-Disparagement Agreement, Virginia Employment Law   /   Leave a comment
Virginia Governor Signs Two New Employee Protection Bills into Law

Virginia Governor Glenn Youngkin has signed two new bills into law that provide greater privacy protections for employees, while ending the use of nondisclosure, confidentiality and non-disparagement agreements for employees who have experienced sexual harassment. The governor signed Senate Bill 1040, which prohibits employers from using an employee’s social security number (SSN), or any derivative of it, as a means of identification. Employers are also prohibited from including an employee’s SSN on any identification card

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NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

On April 18, 2023   /   Artificial Intelligence, Bias Audit, Discrimination   /   2 Comments
NYC Announces New Enforcement Date for AI in Hiring Tools Regulation

New York City will begin enforcing its new law that regulates the use of AI in hiring tools, on July 5, 2023.   The city has delayed enforcement of the new law, called Local Law 144, since January, due to confusion over the implementation of bias audits in AI systems that employers use for screening job candidates.  The law mandates that employers must inform job candidates beforehand if they use automated hiring systems and conduct a

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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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