Lauren Teukolsky’s work was published in the April 2022 issue of Advocate, the largest magazine in the United States for plaintiff’s trial attorneys. In Ms. Teukolsky’s article, she writes about settlement agreements in employment cases, and more specifically, best practices for plaintiffs’ attorneys to follow when working to secure the best settlement agreements for their clients, including:

• Negotiate any important non-monetary terms before agreeing to a dollar amount
• Discuss allocating the settlement payment for tax purposes with your client in advance
• Limit your client’s agreement to indemnify the defendant for tax consequences
• Make the release of claims mutual
• Understand the new California laws on non-disclosure agreements (NDAs) and non-disparagement provisions
• Talk to the client about taking NDAs in discrimination and harassment cases off the table by filing an administrative charge
• Ask for a neutral reference provision
• Do not agree to unlawful restraints on trade or non-competes
• Limit liquidated damages provisions
• Include provisions to protect your client when agreeing to a structured settlement
• Be sure that your request for the court to retain jurisdiction is enforceable

Ms. Teukolsky’s article discusses each of these recommendations in detail.  Negotiating the best settlement agreement for a client can be an incredibly complex matter, but Ms. Teukolsky is highly skilled at securing the most favorable settlement agreements possible for her clients.  In addition to her writing for Advocate, Ms. Teukolsky has spoken about settlement issues at legal conferences and received the 2016 California Lawyer of the Year (CLAY) award for her work on Carrillo v. Schneider, a wage-and-hour class action against Walmart and others on behalf of warehouse workers in the Inland Empire, which settled for $22.7 million.

If you believe you have been subjected to illegal workplace practices and would like to consult with Ms. Teukolsky, use this page to get in touch.  

In a proxy statement ahead of its annual shareholders’ meeting, Google stated that employees who have signed confidentiality agreements can still talk about assault, harassment, discrimination, or retaliation they experience at the workplace. The announcement marks Google’s clearest stance yet on its non-disclosure agreements (NDAs), and is another victory for advocacy groups that have been working to eliminate workplace NDAs, which have become increasingly restrictive and prevalent over the past several years.

Google’s statement makes clear that employees are allowed to discuss working conditions and wages with each other, and that any employees who have signed settlement or severance agreements—even those containing NDAs—are still allowed to talk about any sexual assault, discrimination, harassment, or retaliation they experienced. 

Though the statement did not constitute a concrete policy change, it offered an explicit promise that Google employees may now hold the company to, should they ever bring claims against the company.

The inclusion of language regarding the company’s concealment clause and NDA policies was prompted by a shareholder proposal that would have required Google to issue a public report studying the impact of NDAs on harassment and discrimination claims. Such a request came on the heels of states such as California and Washington passing “Silenced No More” laws, which have barred employers in each state from using NDAs to stop employees from publicly discussing harassment, discrimination, retaliation, and other illegal workplace practices.
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If you believe you have been subjected to illegal workplace practices and are being prevented from discussing your experience because of an agreement from your employer, contact Teukolsky Law today for a free consultation. 

On October 8, Governor Gavin Newsom signed SB 331 into law. The bill, sponsored by State Senator Connie Leyva, makes it illegal for companies to prohibit employees from speaking about discrimination and harassment.

Previously, laws such as the Stand Together Against Non-Disclosures Act banned non-disclosure agreements (NDAs) in sexual harassment, but did not prohibit NDAs for other types of discrimination, such as race, religion, sexual orientation, and gender identity. Now, California workers will have legal protections for speaking out about all manner of unlawful conduct in the workplace.

This legislation has been strongly supported by Ifeoma Ozoma, a Pinterest whistleblower who spoke out about racial discrimination at the company. NDAs are commonly used, particularly in the tech industry, to keep employees quiet about workplace harassment and discrimination for fear of facing legal action and fines. People began discussing them more frequently after it was reported during the #MeToo movement that Harvey Weinstein and other abusers used NDAs to silence their victims.

SB 331 was sponsored by the California Employment Lawyers Association (CELA), the organization Earthseed, and Equal Rights Advocates. It will take effect on January 1, 2022.
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If you believe you have been a victim of discrimination or harassment in the workplace, contact Teukolsky Law today for a free consultation.