Non-Disparagement & Confidentiality Clauses Are Illegal in Severance Agreements, NLRB Rules
Companies that make former workers promise not to disparage their former employers in exchange for a severance payment are breaking federal law, the National Labor Relations Board (NLRB) ruled Tuesday. What’s more, it is also illegal to preven
New York’s Wrongful Death Statute Remains Untouched – For Now
In the waning hours of January 30, 2023 – the deadline to sign New York’s Grieving Families Act1 into law – Governor Kathy Hochul instead vetoed the legislation, which had passed both houses of the legislature with significant bipartisan s
OSHA & Whistleblower Complaints: Wells Fargo Ordered to Pay $22 Million
Written by: Daniel Richardson, Esq. As employers seek to provide a safe workplace, it is imperative that no retaliatory action be taken against employees who choose to exercise their rights under the Occupational Safety and Health (OSH) Act or o
New Jersey Appellate Division Declines to Extend Scope of TNCSRA to Cover Food Delivery Services
Written by: Kelly P. Corrubia, Esq. A panel of the New Jersey Appellate Division in a case of first impression held that the Transportation Network Safety and Regulatory Act (TNCSRA)1 applies only to transportation network companies that use a d
Important Ruling on Assault & Battery Exclusions
Written by: Duane L. Cochenour, Esq. Judge Kevin B. Weiss of the Circuit Court for Orange County, Florida, issued a potentially important ruling regarding assault and battery exclusions. An appeal is sure to follow, but the court granted the pla
Not Sneaky Enough: Google Pays $391.5M Privacy Violation Settlement
Written by: Savannah Liner Avera, Esq. Connecticut Attorney General William Tong announced a historic settlement with Google regarding its predatory disregard for users’ location tracking preferences. Google will pay $391.5 million to 40 state
A Recap on the Modern Trend to Impose Duty of Good Faith upon Primary Insurers
Written by: Cayton S. Chrisman, Esq. The insurance industry has long been undecided as to whether primary insurers owe a duty of good faith to excess insurers, and, if such a duty does exist, when that duty arises. On one hand, some jurisdiction
Canada’s Consumer Protection Privacy Act (CPPA) at Least One Year Away
Written by: Richard Sheinis, Esq. Canada’s Federal Privacy Law, the Personal Information Protection and Electronics Documents Act (PIPEDA) is over 22 years old. Its replacement, proposed Bill C-27, which introduces the Consumer Protection Pr
European Union Considering a Complete Ban on Facial Recognition Technology
Written by: Gabriel Lopez, Esq. Earlier this month, European Union (EU) lawmakers began political debate on the EU’s Artificial Intelligence Act (AI Act). The legislation focuses on regulating the use of artificial intelligence in society. T
North Carolina Court of Appeals Limits Seagraves Test: Implications for Employers
Written by: Laura Gregory, Esq. Recently, the North Carolina Court of Appeals issued a holding that declined to extend the Seagraves test, which is used by courts to determine whether an employee constructively refused suitable employment when t