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In a significant shift in labor and employment policy, the National Labor Relations Board (NLRB) has rescinded guidance related to its McLaren Macomb decision, a move that could have far-reaching consequences for employees negotiating severance agreements.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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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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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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New Bill Would Provide Greater Protections for Older Employees

On January 3, 2024   /   ADEA & Age Discrimination, Discrimination, Employment Law   /   Leave a comment
New Bill Would Provide Greater Protections for Older Employees

The U.S. House of Representatives recently introduced a bill that aims to bolster protections against age-related workplace discrimination. The Protecting Older Workers Against Discrimination Act of 2023 (POWADA) would amend the Age Discrimination in Employment Act of 1967 (ADEA) to foster a more equitable and age-inclusive work environment. The bill would re-establish the traditional burden of proof standard for age discrimination claims in the workplace.  The ADEA prohibits discriminatory practices throughout the employment process, from hiring and

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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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Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

On May 1, 2023   /   Artificial Intelligence, Bias Audit, EEOC, Employment Law   /   1 Comment
Federal Agencies Announce Inter-Agency Commitment to Protect Employees & Consumers from AI Discrimination

A group of federal agencies recently announced a joint inter-agency commitment to enforcing civil rights and consumer protections as they apply to the quickly emerging AI technologies in the workplace.  On April 25, 2023, The U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Department of Justice (DOJ), the Consumer Financial Protection Bureau (CFPB), and the Federal Trade Commission (FTC) held a joint press conference to recognize the growing use of AI in employment decision-making and

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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 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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Federal Agency Branch Chief Wins EEOC Hearing

On July 30, 2021   /   EEOC, Employment Law   /   Leave a comment

A Federal agency branch chief represented by Natalie Koss, Esq., has succeeded in winning a contentious, five-year battle over sex discrimination. The judge delivered the decision after a seven-day EEOC hearing, which resulted in an order that would save the employee’s career. Her experience began when the agency removed her from her position for discriminatory reasons and attempted to discipline her. The EEOC decision states that the agency was wrong and orders the agency instate

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