Nondisclosure Agreements

Latest story

100 Shares149 Views

Labor Board Curbs Gag Rules in Severance Agreements

by

The National Labor Relations Board said severance pacts requiring confidentiality and nondisparagement violated a law on collective worker activity.The National Labor Relations Board has ruled that it is generally illegal for companies to offer severance agreements that prohibit workers from making potentially disparaging statements about the employer or from disclosing details of the agreement.The ruling by the board, which has a Democratic majority, overturns a pair of 2020 decisions, when the board was controlled by Republicans and found that such severance agreements were not illegal on their face. It continues the labor board’s worker- and union-friendly trajectory under appointees of President Biden.The earlier decisions held that the severance agreements were illegal only if accompanied by other circumstances making them suspect, such as the possibility that they were being used to cover up the illegal firing of employees who tried to form a union.Still, Anne Lofaso, a professor of labor law at West Virginia University, said the latest decision was limited to rights under the National Labor Relations Act, such as employees’ rights to draw attention to unsafe working conditions, or to engage in other activities that protect or benefit workers as a group.She said an employer could still offer workers a severance agreement requiring them to give up their right to sue over, say, race discrimination under the Civil Rights Act of 1964.In the ruling, issued Tuesday, the board said it was returning to longstanding precedent. The 2020 standard, it said, ignored the fact that a severance package with confidentiality or nondisparagement provisions could on its own “unlawfully restrain and coerce” workers’ labor rights.“It’s long been understood by the board and the courts that employers cannot ask individual employees to choose between receiving benefits and exercising their rights,” the board’s chairman, Lauren McFerran, said in a statement.Charlotte Garden, a professor of labor law at the University of Minnesota, said the 2020 approach had effectively tried to “narrow the rule to situations where an employer was trying to cover up their own previous unlawful activity and prohibit employees from talking about it.” The current ruling, she added, takes a broader view of when employees have the right to speak out.The case involved a Michigan hospital that permanently furloughed 11 union members during the pandemic. To receive severance benefits, they were required to sign an agreement that barred them from making statements that could disparage the hospital and from sharing the terms of the agreement.In furloughing the workers and offering them the agreement, the hospital also bypassed the union, depriving it of a chance to negotiate the terms, according to Tuesday’s ruling.In his dissent, Marvin Kaplan, the board’s lone Republican, argued that offering the severance agreement was illegal because the hospital circumvented the union, but not specifically because of its nondisclosure and nondisparagement provisions.Under Mr. Biden’s appointees, the labor board has moved relatively quickly to reinstate workers who it determines have been fired illegally. It has also issued rulings effectively expanding the financial remedies available to such workers and making it easier for a subset of employees within a workplace to unionize. More

More stories

  • 138 Shares169 Views

    in Economy

    Ifeoma Ozoma Blew the Whistle on Pinterest. Now She Protects Whistle-Blowers.

    by

    Ifeoma Ozoma, who accused Pinterest of discrimination, has become a key figure in helping tech employees disclose, and fight, mistreatment at work.Last month, Gov. Gavin Newsom of California signed a bill to expand protections for people who speak up about discrimination in the workplace.A new website arrived to offer tech workers advice on how to come forward about mistreatment by their employers.And Apple responded to a shareholder proposal that asked it to assess how it used confidentiality agreements in employee harassment and discrimination cases.The disparate developments had one thing — or, rather, a person — in common: Ifeoma Ozoma.Since last year, Ms. Ozoma, 29, a former employee of Pinterest, Facebook and Google, has emerged as a central figure among tech whistle-blowers. The Yale-educated daughter of Nigerian immigrants, she has supported and mentored tech workers who needed help speaking out, pushed for more legal protections for those employees and urged tech companies and their shareholders to change their whistle-blower policies.She helped inspire and pass the new California law, the Silenced No More Act, which prohibits companies from using nondisclosure agreements to squelch workers who speak up against discrimination in any form. Ms. Ozoma also released a website, The Tech Worker Handbook, which provides information on whether and how workers should blow the whistle.“It’s really sad to me that we still have such a lack of accountability within the tech industry that individuals have to do it” by speaking up, Ms. Ozoma said in an interview.Her efforts — which have alienated at least one ally along the way — are increasingly in the spotlight as restive tech employees take more action against their employers. Last month, Frances Haugen, a former Facebook employee, revealed that she had leaked thousands of internal documents about the social network’s harms. (Facebook has since renamed itself Meta.) Apple also recently faced employee unrest, with many workers voicing concerns about verbal abuse, sexual harassment, retaliation and discrimination.Connie Leyva, a California state senator, center, wrote the Silenced No More Act, which was signed into law last month.Chelsea Guglielmino/FilmMagic, via Getty ImagesMs. Ozoma is now focused on directly pushing tech companies to stop using nondisclosure agreements to prevent employees from speaking out about workplace discrimination. She has also met with activists and organizations that want to pass legislation similar to the Silenced No More Act elsewhere. And she is constantly in touch with other activist tech workers, including those who have organized against Google and Apple.Much of Ms. Ozoma’s work stems from experience. In June 2020, she and a colleague, Aerica Shimizu Banks, publicly accused their former employer, the virtual pinboard maker Pinterest, of racism and sexism. Pinterest initially denied the allegations but later apologized for its workplace culture. Its workers staged a walkout, and a former executive sued the company over gender discrimination.“It’s remarkable how Ifeoma has taken some very painful experiences, developed solutions for them and then built a movement around making those solutions a reality,” said John Tye, the founder of Whistleblower Aid, a nonprofit that provides legal support to whistle-blowers. He and Ms. Ozoma recently appeared on a webinar to educate people on whistle-blower rights.Meredith Whittaker, a former Google employee who helped organize a 2018 walkout over the company’s sexual harassment policy, added of Ms. Ozoma: “She has stuck around and worked to help others blow the whistle more safely.”Ms. Ozoma, who grew up in Anchorage and Raleigh, N.C., became an activist after a five-year career in the tech industry. A political science major, she moved to Washington, D.C., in 2015 to join Google in government relations. She then worked at Facebook in Silicon Valley on international policy.In 2018, Pinterest recruited Ms. Ozoma to its public policy team. There, she helped bring Ms. Banks on board. They spearheaded policy decisions including ending the promotion of anti-vaccination information and content related to plantation weddings on Pinterest, Ms. Ozoma said.Yet Ms. Ozoma and Ms. Banks said they faced unequal pay, racist comments and retaliation for raising complaints at Pinterest. They left the company in May 2020. A month later, during the Black Lives Matter protests, Pinterest posted a statement supporting its Black employees.Ms. Ozoma and Ms. Banks said Pinterest’s hypocrisy had pushed them to speak out. On Twitter, they disclosed their experiences as Black women at the company, with Ms. Ozoma declaring that Pinterest’s statement was “a joke.”In a statement, Pinterest said it had taken steps to increase diversity.By speaking out, Ms. Ozoma and Ms. Banks took a risk. That’s because they broke the nondisclosure agreements they had signed with Pinterest when they left the company. California law, which offered only partial protection, didn’t cover people speaking out about racial discrimination.Peter Rukin, their lawyer, said he had an idea: What if state law was expanded to ban nondisclosure agreements from preventing people speaking out on any workplace discrimination? Ms. Ozoma and Ms. Banks soon began working with a California state senator, Connie Leyva, a Democrat, on a bill to do just that. It was introduced in February.“I’m just so proud of these women for coming forward,” Ms. Levya said.Along the way, Ms. Ozoma and Ms. Banks fell out. Ms. Banks said she no longer spoke with Ms. Ozoma because Ms. Ozoma had recruited her to Pinterest without disclosing the discrimination there and then excluded her from working on the Silenced No More Act.“Ifeoma then cut me out of the initiative through gaslighting and bullying,” Ms. Banks said.Ms. Ozoma said she had not cut Ms. Banks out of the organizing. She added that Ms. Banks had “felt left out” because news coverage focused on Ms. Ozoma’s role.Understand the Facebook PapersCard 1 of 6A tech giant in trouble. More