Just about every single severance agreement I’ve ever seen in 36 years of law practice have two standard clauses: the former employee cannot disparage the former employer, meaning they can’t say anything negative about the company or its employees and
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NLRB Proposed Joint Employer Rule Would Help Workers
Last year, the National Labor Relations Board proposed a new rule that would change how it decides who is an employer. Under the proposed rule announced September 6, 2022, two or more employers would be considered joint employers if
SNL’s "It’s Pat" Shows How Easy It Is To Respect Nonbinary Coworkers
With all the anti-trans stuff coming out of the GOP, and especially Florida, I started thinking about an old Saturday Night live sketch, “It’s Pat.” And when I first thought about it, I thought it might be considered offensive to
FTC Proposes Ban On Noncompete Agreements
The Federal Trade Commission is proposing a complete ban on agreements banning former employees and independent contractors from going to work for competitors. Per the FTC:FTC’s proposed rule would generally prohibit employers from using noncompete clauses. Specifically, the FTC’s new
How Did I Do On 2022 Predictions? Call Me Cassandra
I made some predictions last year about what to expect in 2022. How did I do? Pretty darned well. Here is the breakdown.1. More pro-employee NLRB: I predicted we’d see NLRB cracking down on employer retaliation and union busting
Quiet Quitting: New Anti-Employee Term For Wanting To Have A Life
There’s a new term getting flung around by management types: quiet quitting. It’s when employees actually want to do their job as described for the hours they were told the job would take (and for which they are being paid).
Try Guys: Who The Heck They Are and Why They Were Right
Lots of folks (like me) saw the Saturday Night Live sketch about the Try Guys and said, “Huh?” I had no idea they were a thing. I assumed that they were made up. I was wrong. So I did some
Ian Alert: You Don’t Have To Work In Dangerous Post-Hurricane Conditions
After a storm, I usually get lots of calls and emails about employers making employees work in conditions they deem unsafe so I thought I’d repost this for those affected by Ian. In general, you don’t have to work in
Ian Alert: If My Office Is Closed Due to a Hurricane, Am I Entitled To Be Paid?
It’s that most awful time of the year, that is, time to re-run this popular and necessary column. I hope you make out okay in Hurricane Ian and suffer no damage. However, you may be wondering if you’re getting paid.Whether
Judge Blocks Private Employer Portions of Florida’s Idiotic Stop WOKE Act
I wrote a few weeks ago about the truly idiotic Stop WOKE Act that was passed in, you guessed it, Florida. Well, a federal judge just issued an injunction blocking its enforcement against private employers. The federal judge from the