Leigh Ellen Gray

Battling the Clone Army: Arbitration Agreements, Class Action Waivers, and the Risks of Mass Arbitrations in Employment Cases

Many employers believe that it’s better to resolve employment claims in arbitration rather than going to court.  If you determine that arbitration is the best course, it’s common to include a class or collective action waiver to avoid many of the procedural headaches associated with defending a class arbitration. However, be aware that you could […]

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AI for HR: How to Use ChatGPT to Improve Employee Counseling

By now, you’ve likely heard of ChatGPT, the artificial intelligence (AI) chatbot first launched in late 2022 (and if you haven’t, here’s a helpful primer). Seemingly every day, I read about novel uses for this tool. At a recent seminar I attended, a panelist mentioned that he was using it for employee counseling scripting, especially when

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Maybe We DO Talk About Bruno?

Recent NLRB Decision Significantly Limits Employers’ Use of Confidentiality and Non-Disparagement Clauses in Severance Agreements   The National Labor Relations Board (NLRB) issued an important decision this week that dramatically curtails employers’ abilities to lawfully include confidentiality and non-disparagement clauses in severance agreements. Under this decision, the presence of such clauses in severance agreements can

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Protect Your (I)Piece of the PII: Why Your Company Needs a Proprietary Information and Inventions Assignment Agreement for Its Employees and Contractors

Companies spend significant money developing all kinds of valuable assets, such as proprietary products and services, marketing strategies, customer goodwill, and employee training and development. Many companies wrongly assume that the company automatically owns the rights to trade secrets, intellectual property (IP), and other confidential information created by the company’s employees or contractors.     However,

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