The Equal Opportunity Employment Commission (“EEOC”) is poised to play an even more essential role in advancing the rights of workers in 2023 and beyond. The EEOC enforces the following federal laws related to employment...
On December 22, 2022, the U.S. Senate passed the Pregnant Workers Fairness Act (PWFA) via a bipartisan 73-24 vote as part of the Consolidated Appropriations Act. President Biden signed the bill into law a week later. The PWFA...
A Win for Whistleblowers: The Ninth Circuit Expansively Interprets California’s Whistleblower Protection Act
March 22, 2023
The federal Court of Appeals for the Ninth Circuit recently handed workers a major victory. In Killgore v. SpecPro Professional Services, LLC, 51 F.4th 973 (9th Cir. 2022) the Ninth Circuit interpreted the California...
What Motivates a Whistleblower?
March 15, 2023
Whistleblower rewards programs are often touted by government officials as an important tool in encouraging employees to bring unlawful activity that they observe at work to light. Studies have shown that company employees...
On December 23, 2022, Congress included the Anti-Money Laundering Whistleblower Improvement Act in the omnibus budget presented to President Biden. The Improvement Act contained several key amendments to the Anti-Money...
The NLRB Curtails the Scope of Nondisparagement and Confidentiality Provisions in Severance Agreements
February 22, 2023
On Tuesday, February 21, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued McLaren Macomb, a decision that curtails the permissible scope of confidentiality agreements and non-disclosure provisions...
The New Speak Out Act Voids Predispute Nondisclosure and Nondisparagement Provisions
February 22, 2023
On December 7, 2022, President Biden signed into law the Speak Out Act, which had previously passed the House of Representatives on a bipartisan vote of 315–109, and the Senate unanimously. The law purports to allow...
If you have experienced sexual assault in California, you might still be able to take legal action – even if the assault occurred years ago – thanks to the passage of a new law. On January 1, 2023, California expanded its...
New York Adult Survivors Act
January 21, 2023
New York’s Adult Survivors Act[1] (“ASA” or “the Act”) (S.66A/A.648A) became effective on November 24, 2022. The Act provides a one-year lookback window for people to seek civil remedies for sexual abuse they...
The Federal Trade Commission (“FTC”) on January 5, 2023, announced a Proposed Rule which would ban noncompetes nationwide. I explained the basic components of the Proposed Rule, discussed its scope, and addressed...