On January 1, 2022, a California law went into effect that, among other developments, prohibits nondisclosure agreements (NDAs) that keep employees quiet about the discrimination they have suffered in the workplace. The state legislature passed the bill, known as SB 331 or the Silenced No More Act, on October 7, 2021. What Does the Silenced No More Act Do? SB…
Is Tesla really worth a $1 trillion? In October 2021, the electric-vehicle company – founded just 18 years earlier – hit a staggering trillion dollar valuation. When confronted with these massive numbers, it can be easy to forget that valuations are not abstract figures, but real representations of a company’s achievements. Yet, in Silicon Valley, where companies are often valued…
A few weeks ago, many in the cybersecurity field started posting about the “log4j vulnerability.” According to CNBC, “Log4j” exists in open-source code and is widely used by many companies, including “Twitter, Amazon, Microsoft, Apple, IBM, Oracle, Cisco, [and] Google.” In December 2021, stories emerged of a vulnerability that enables malicious actors to manipulate the code. Billions of people and…
An Employee Stock Ownership Plan (“ESOP”) is a type of qualified retirement plan that provides employees with ownership interest in their company through shares of stock. The purpose of an ESOP is to align employee interests with those of the company, since its employees are also stockholders. Through an ESOP, employees can either purchase stock from their employer or receive…
In the last days of 2021, New Yorkers scored several legislative victories expanding legal protections for workers across the City and State. Below, our employment law attorneys explain the types of changes that will be enacted under the new laws in 2022. Legal Protection for Domestic Workers First, the State finally recognized what employment and labor laws have too often…
Stealthing is a concept that you likely know about, even if you are unfamiliar with the term. It refers to nonconsensual condom removal, a behavior that is alarmingly prevalent. Studies have revealed that 5% of men and nearly 19% of women knew that they experienced stealthing,[1] and nearly 10% of the young men openly admit to it.[2] Rates are likely even higher[3] for at least…
An Employee’s Rights Under Wage & Hour Laws The Fair Labor Standards Act (FLSA) guarantees employees the right to fair payment. Many employers ignore these rules to make employees work without fair pay or overtime. You may have wage and hour claims against your employer if they are in violation of payment guidelines, equal pay for equal work principles, or…
USA – Benchmark Litigation has named Co-founder and Chairman David Sanford and its Firm Managing Partner Deborah K. Marcuse to its inaugural list of the nation’s Top 20 Labor and Employment Litigators. The list features lawyers recognized by peers and clients for their exceptional reputations and achievements in labor and employment litigation. According to the publication, recipients of this first-ever recognition secured “the…
As Justice Kagan has famously declared: “We are all textualists now.” But textualism, while purporting to be the ultimate in objectivity and impartiality, is actually anything but evenhanded. In the hands of its fiercest proponents—namely those on the conservative side of the judicial spectrum—it means different things in different cases and for different people and constituencies. The most recent example…
Since 2013, Nissan Altima owners have been complaining to the National Highway Traffic Safety Administration about automatic transmission problems occurring in their 2013-2014 vehicles. The defective transmission supplied in the affected vehicles is known as a continuously variable transmission (CVT). This transmission is defective in design. As a result, the most notable problems that occur include: Stuttering between gears Hesitation Sputtering Vibration…