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You may have been hearing a lot recently about “noncompetes,” “nondisparagement,” and “NDAs” (or “confidentiality”) agreements. [1] These are three types of restrictive covenants. Restrictive covenants are rules that employers impose on employees both during and after employment. The effects of restrictive covenants range from slightly annoying to totally unfair restriction on an employee’s ability to make a living.

Several states, including New York, are on the brink of passing legislation banning noncompete clauses – talk to a lawyer in your state to find out whether you have state protections against those clauses.

Additionally, the Federal Trade Commission (FTC) is in the process of creating a rule that would ban noncompete clauses. The Chamber of Commerce and other employer backed organizations are protesting the rule and even threatening to sue the FTC even though the notice and comment period is still open. The FTC considers noncompete clauses (not surprisingly) impediments to competition, and wants to ban them because they “block workers from freely switching jobs, depriving them of higher wages and better working conditions, and depriving business of a talent pool that they need to build and expand,” says FTC Chair Lina Khan.

Recently, the National Labor Relations board (NLRB) ruled that some types of confidentiality and nondisparagement provisions interfere with former employees’ Section 7 rights. Confidentiality agreements could prevent former employees from discussing terms and conditions of work, such as wages. Those types of discussions are essential for union organizing. Likewise, nondisparagement clauses could prevent former employees from having important conversations with each other about unsafe or unfair working conditions, which are also protected by the National Labor Relations Act.[2]

Employees should always consult with their union representative or a workplace attorney when they are presented with anything that the employer wants them to sign. But with the law changing how employers can use non competes confidentiality and non disparagement clauses, it’s more important than ever to get good legal advice. Always consult with an attorney before signing an agreement at work!

[1] Confidentiality agreements are also known as nondisclosure agreements or NDAs.

[2] This is not the first time that the NLRB has concluded that restricting former employees speech is illegal; this analysis had a brief heyday under the Obama administration as well.

Satter Ruhlen Law Firm is pleased to introduce this year’s Peggy Browning Fellow, Jorge Salles Diaz. Jorge’s career in public interest started in the immigrants’ rights movement six years ago. After spending some time supporting immigrant workers at poultry packing plants in Mississippi in the aftermath of a large immigration enforcement raid in 2019, he decided to join the labor movement. Since, he has been involved in a number of labor advocacy groups including Global Labor Justice, Workers’ Dignity Project, and the Farmworker Team at Virginia Legal Aid Justice Center.

Jorge says: “I strongly believe that a militant labor movement is the answer to many of today’s global challenges. As such, I am very excited to have the opportunity to work closely with unions and employees in their fight for their rights. I could not think of a better place to learn how to be a union lawyer than Satter Ruhlen. So far, I have had the opportunity to work on briefs, arbitrations, memos, client consultations, and many other important tasks which will serve as invaluable experience in my preparation to become an attorney. I am incredibly grateful to Sarah, Mimi, Sue, and McKenzie for hosting me this Summer!”

Welcome, Jorge!

Satter Ruhlen Law Firm welcomes Office Manager McKenzie Coufal to the team! McKenzie runs the office, keeps track of attorneys, and keeps us organized. When you call our office you’ll realize why we’re so lucky she’s joined us – she’s empathetic, easy to get along with, and very focused on finding the right information for the caller. Welcome, McKenzie!  #WorkersRights #syracuse #LawFirm #LawFirmNearMe

This is a guest post by our summer Peggy Browning Fellow, Jorge Salles Díaz. Jorge joins us from Vanderbilt University Law School. Stay tuned for more on Jorge – coming soon!

At-will employment has long been the default in the United States. What this generally means is that, unless you have a union or an employment contract, your employer can fire you or demote you for almost any reason. But there are exceptions.

If your boss asks you to do something you believe is illegal:

In the state of New York, your boss can’t fire you, threaten you, or penalize you because you won’t do something that you believe breaks a law or regulation, as long as your belief is reasonable. See NY Labor Law § 740(2). In this context, reasonable means that an ordinary reasonable person in your position could also believe that the activity you are being asked to do is illegal.

The law that protects workers in these situations covers both employees and independent contractors and is applicable to employers of all sizes. See NY Labor Law §740(1).

If you are retaliated against by your supervisor because you refused to do something you reasonably believed to be illegal, a judge may, when applicable, order your employer to stop the behavior, impose a $10,000.00 fine, grant you back pay, reinstatement, and may also ask your employer to pay for your lawyer. The employer may also be liable for punitive damages if the violation is willful. See NY Labor Law § 740(4).

Fair warning:  Employees who bring frivolous claims may be ordered to pay the employer’s attorneys’ fees and costs – which often amount to six figures.  So before you file a big court claim, it’s a good idea to speak to a workers’ rights attorney in your jurisdiction.

If you witness something illegal and you want to report it:

If you witness something that you reasonably believe breaks a law or regulation at work, you generally must report it to a supervisor before going to the authorities to be protected by the worker protections available in New York. See NY Labor Law § 740(3). The employer, in turn, cannot retaliate against you if you come forward to report activity you reasonably believe to be illegal. This requirement doesn’t apply in some special cases, such as when:

• there is an imminent and serious danger to public safety
• the employee reasonably believes that reporting to a supervisor would lead to the destruction of evidence
• the activity could endanger the welfare of a minor
• the employee reasonably believes that reporting to a supervisor could lead to physical harm to the employee or someone else
• the employee reasonably believes that the supervisor is already aware of the illegal activity and will not stop or correct it.

See NY Labor Law § 740(3).

New York labor law protects workers who report illegal activity to the government or to the employer, but not to the media or other third parties. See NY Labor Law § 740(2)(a). If you tell the media about illegal activity going on at your workplace, you can possibly be fired or retaliated against by your employer unless you are protected by another statute.

The same protections that exist for workers who refuse to do illegal activity exist for workers who report illegal activity to a supervisor or to the government. The law covers both employees and independent contractors and is applicable to employers of all sizes. See NY Labor Law §740(1). Under the law, a judge may, when applicable, order your employer to stop the behavior, impose a $10,000.00 fine, grant you back pay, reinstatement, and may also ask your employer to pay for your lawyer. The employer may also be liable for punitive damages if the violation was willful. See NY Labor Law § 740(4).

If you have witnessed something that you believe might be illegal at work and you want to come forward, it is a good idea to talk to a workers rights lawyer first, especially as this law includes penalties for bringing frivolous claims!

Conor Murphy interned with Satter Ruhlen Law Firm the 2023 spring semester through his Political Science Internship Course at Syracuse University, taught by Political Science Professor and Campbell Public Affairs Institute Director Grant Reeher.

Conor is from Sarasota, Florida, and is completing his freshman year at Syracuse University, majoring in Policy Studies. He has a special interest in non-profit and government work; he sits on the Board of Directors for Habitat for Humanity South Sarasota and oversees political strategy as the political liaison. Conor has worked for a number of politicians in Florida as a speechwriter. His interest in law began his sophomore year of high school, when he worked at the State Attorney’s Office of Florida’s Twelfth Judicial Circuit as a Support Associate. At the State Attorney’s Office, he saw the opportunities attorneys have to get justice for victims, and how impactful a resource they can be in peoples’ darkest moments. Conor says, “I was instantly addicted and quickly decided I’d like to make a career of helping people navigate the legal system.”

Conor wanted to intern at Satter Ruhlen because, while he had already explored the world of criminal prosecution, he hadn’t yet had a chance to work in the private sector. Conor had no previous experience with labor law, but found it both appealing and consequential to help clients navigate times when their livelihood is being threatened. He has loved his experience. Conor says, “I felt honored to work closely with such skilled attorneys.”

Something Conor has particularly enjoyed is the opportunity to hear from clients face to face through consults. “I feel that sometimes the all-important ‘human element’ can be alienated from legal proceedings when all your information is coming from piles of discovery. Seeing clients and hearing about the hardships they’ve endured face to face really inspires your work and helps you gain a more complete understanding of the issues at hand; namely, their real impact.”

It’s been a pleasure hosting Conor at Satter Ruhlen Law Firm!

Satter Ruhlen Law Firm was pleased to have Peggy Browning Fellow Frank Harrison join us as our summer law clerk this year.  Frank came to us from the Michigan State University College of Law, where he will receive his JD in May 2023.  Frank previously interned with Region 7 of the NLRB, where he learned to take witness affidavits and draft other legal documents.  These skills came in handy, as we needed over a dozen witness affidavits for a matter in a very short time period.

Frank helped us prep for arbitration and agency hearings, and did some serious legal research for a couple of federal filings.  He sat in on consultations with potential clients, and offered valuable insights at office meetings.  Plus, he joined us for an extremely loud office outing at Local 315 one Friday evening.

Frank says:  “I knew from the first few minutes of the interview that I wanted to work at Satter Ruhlen. I felt a real connection with Sarah and Sue even before officially being hired on. And I loved working with all three attorneys (Sarah, Sue, and Mimi) and support staff (Mary Jo and Brittany) while in Syracuse. Each has their own unique personality which really added to the overall charm of the experience. I got to enjoy a new city and work with attorneys who clearly care about labor law. It was a great experience, and I would recommend them to anyone — prospective clients and law students alike. It’s a fantastic and dedicated team at Satter Ruhlen.”

Thanks Frank! We enjoyed working with you, too!