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06/18/2026

The federal government just proposed requiring every federal employee to sign an NDA, and some employment law experts are not happy.

The Office of Personnel Management has proposed a nondisclosure agreement that would bar all federal workers from sharing internal agency operations, personnel matters, pre-decisional documents, and any "sensitive or deliberative material", and would require employees to report colleagues they suspect of doing the same.

Even if you are not in the federal workforce, here's why this matters:

🔹 Experts warn the NDA's language is "over-broad" and risks chilling employees' First Amendment rights and protected whistleblower activity

🔹 Although the draft NDA claims to preserve Whistleblower Protection Act rights, legal experts describe those carve-outs as lip service given how often internal reporting channels prove ineffective

🔹 Combined with OPM's new power to make governmentwide suitability determinations, a violation could result in termination and a five-year bar from federal employment, with no MSPB oversight

This case is a powerful reminder that NDAs, in any workplace, must be carefully drafted to avoid running afoul of employees' legal rights. Overly broad confidentiality agreements create real legal exposure for employers.

The link to the proposal published in the Federal Register is linked below.🔗 [Link in first comment]

Did you know...It costs between 6 and 9 months salary to find and train a new employee which translates to $20,000-$30,0...
06/17/2026

Did you know...It costs between 6 and 9 months salary to find and train a new employee which translates to $20,000-$30,000 for a manager making $40,000?

06/16/2026

A white employee claimed that her employer's requirement that she attend a racial sensitivity training (which covered topics like "white fragility") created a hostile work environment. She lost. Here's what the Court found, and why it matters for every employer:

In Young v. Colorado Department of Corrections, the Tenth Circuit rejected the employee's hostile work environment claim because the employee couldn't demonstrate how the training actually impacted his job responsibilities, interactions with coworkers, or career advancement. Essentially, because he could not demonstrate any harm, he had no valid claim.

Key takeaways for employers:

🔹 To survive a hostile work environment claim, an employee must show the conduct affected the terms and conditions of their employment, not just that they found it offensive

🔹 The Court noted that failing to investigate a harassment complaint is always a risk, even if the underlying conduct isn't ultimately unlawful

🔹 Best practice: Always investigate harassment claims. You can't know whether conduct rises to the level of unlawful harassment without looking into it first

If you are interested in reviewing your harassment investigation protocols, Kimberlee Gee Legal provides training and HR advisory services to help protect your organization from law suits like this. Reach out at [email protected] for more information on how we can help.

Although many attorneys will readily admit they are suffering from overwork and they could use some help, they are in mo...
06/13/2026

Although many attorneys will readily admit they are suffering from overwork and they could use some help, they are in most cases reticent about getting the support they need because they fear losing control. I’m here to tell you that you cannot afford to continue to do it all yourself. Learning to delegate certain tasks in the proper way can really help transform your entire practice- restoring your time, energy and even money in some cases. When you work with Kimberlee Gee Legal, what you delegate is always within your control. If you are ready to turn your focus back to practicing law and to get the most optimal value from your firm, give us a call to discuss our services in more detail.

*Licensed in DC/MD **Attorney Advertising

06/11/2026

Here's what you need to know from the five biggest NLRB and labor law developments last month:

🔹 NLRB shift incoming: James Macy, a management-side labor attorney, was just nominated as an NLRB member, which would give Republicans a 3-1 majority to revisit Biden-era labor law precedent.

🔹 Project labor agreements survive: The Eleventh Circuit upheld the Biden administration's mandate requiring project labor agreements on large federal construction projects, rejecting contractor challenges on multiple grounds.

🔹 Amazon union fight moves to the Fifth Circuit: Amazon's challenge to its Staten Island warehouse union election, the company's first to unionize, will now be reviewed in the Fifth Circuit, where the NLRB wins only 62% of cases.

🔹 NLRB dismissed over 7,300 cases in 2025, more than 2,000 higher than any prior year since 2017, reflecting a major shift in how the agency is managing its docket.

🔹 Severance agreement restrictions stand (at least for now): The Board reaffirmed McLaren Macomb, keeping broad confidentiality and nondisparagement clauses in severance agreements unlawful under the NLRA.

Did you know... a woman's salary peaks at age 44? Her pinnacle median salary is $66,700, while her male colleague reache...
06/10/2026

Did you know... a woman's salary peaks at age 44? Her pinnacle median salary is $66,700, while her male colleague reaches $101,200, on average, and has until age 55 to get there.

06/09/2026

Offering mental health days sounds like a win for employee well-being - AND IT IS.

But, without the right policy framework, it can open the door to significant legal liability.

Here's what HR teams and employers need to know before launching a mental health day program:

The ADA angle: Mental health conditions, including depression, anxiety, PTSD, and bipolar disorder, qualify as disabilities under the Americans with Disabilities Act. That means an employee who takes a mental health day may actually be signaling the need for a reasonable accommodation, triggering your ADA obligations whether you're ready for them or not.

The FMLA angle: Mental health conditions also qualify as serious health conditions under the FMLA. If an employee's need for mental health days is recurring or connected to a qualifying condition, those absences may need to be designated as FMLA-protected leave, even if you've branded them something else entirely.
The problem could be consistency: A separate, informal "mental health day" policy that isn't applied consistently across your workforce can create discrimination and disparate treatment claims, especially if managers are approving them selectively.

State law: Many states have their own paid sick and mental health leave laws that layer on top of federal requirements and may be more expansive than your current policy reflects.

I know all too well the stressors that come with running your own practice. Your goals and your dreams may sometimes fe...
06/06/2026

I know all too well the stressors that come with running your own practice. Your goals and your dreams may sometimes feel too big for you to handle alone. With the right practice management tools, you can succeed, and you don’t have to turn down that next big case because you can’t fit one more task into your work week. KGL is a micro-niche legal outsourcing firm designed to give you the help you need, when you need it. Give us a call today at 1.800.366.0573 to discuss our services in more detail.
*Licensed in Washington, D.C. and Maryland
** Attorney Advertising

06/04/2026

A May 2026 study out of Cornell University's Yang-Tan Institute on Employment and Disability reveals a compounding employment disadvantage for people who have both a disability and a criminal record, a group researchers have categorized as "justice-impacted individuals with disabilities" (JIID).

JIID individuals are nearly 11 percentage points less likely to be employed than people with disabilities who have no criminal justice history. This finding is significant because researchers previously assumed the employment disadvantage was simply additive, that having both a disability and a criminal record meant facing two separate hurdles. The new study shows the barriers actually compound each other, creating a deeper and more complex disadvantage than either factor alone.

More than half of people who have been incarcerated in the U.S. have some sort of disability, making this an enormous and largely overlooked workforce population. People with prior justice interactions and people with disabilities already face employment rates below 50% individually.

The researchers stress that within the JIID population there are vastly different experiences depending on gender and race, making clear there is no one-size-fits-all policy solution for employers or workforce professionals working with this population.

To review the results of the study in more detail, see a link to the article in the comments below.






Did you know...EEOC reported 7,609 sexual harassment charge filings last year, retaliation cases numbered nearly 40,000?
06/03/2026

Did you know...EEOC reported 7,609 sexual harassment charge filings last year, retaliation cases numbered nearly 40,000?

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