2023 Legislative and Government Updates: Transparency, Confidentiality, and Competition

Christina and Julia will discuss significant legislative, executive, and agency updates that are affecting the workplace and HR’s obligations related to the same.  The discussion will highlight the government’s focus on restrictive covenants, non-disclosure agreements, pay transparently and pay equity, and workplace safety.  Among other things, we will discuss the Speak Out Act and the National Labor Relations Board’s recent decision regarding the use of confidentiality provisions and non-disparagement clauses in severance agreements, what companies should consider and do about existing agreements, and what such decisions and legislation signal for the future.  

SPEAKERS

Christina Michael, Esq.

Christina Michael is a partner at Fisher Phillips whose practice includes both employment litigation and counseling. In her litigation practice, Christina handles a full range of employment-related matters in court and administrative agencies, including cases involving discrimination, harassment, retaliation, wrongful discharge, whistleblower claims, wage and hour laws, and common law contract and tort claims. Christina has experience taking matters to jury trials, as well as arbitration proceedings, and has appeared before a variety of state and federal agencies. Christina also has represented employers at the appellate level, and has briefed appeals and writs in the United States Supreme Court, the Second Circuit, and the Third Circuit.

Christina also dedicates a substantial portion of her practice to counseling employers as they address day-to-day employment law questions. She regularly advises employers on a wide variety of matters, such as the appropriate handling of disciplinary issues, employee terminations, compliance with employment laws and regulations dealing with harassment and discrimination, worker classification pursuant to wage and hour laws, background checks, disability and religious accommodations, creating and implementing employee handbooks and personnel policies, and handling of labor relations. Her experience includes both unionized and non-union workplaces.

Christina has a particular practice focus representing clients in the retail industry. Prior to attending law school, Christina worked in store for a large national specialty apparel retail chain. Her hands-on experience managing and working with retail sales floors, stock rooms and merchandising teams gives her a valuable perspective and understanding as an employment lawyer for retail industry clients. She has represented a variety of retail clients, including department stores, national discount retailers, boutique jewelers, local retailers, and convenience store chains. 

Christina regularly presents continuing education seminars to human resources and legal professionals on various topics including:  managing employee leave under the FMLA, ADA, Workers’ Compensation, and disability statutes, the pitfalls of conducting background checks, legal issues facing Gig Economy participants, and the appropriate classification of workers under applicable laws.

Julia Clark

Julia Clark represents employers in workplace law disputes – including defending against claims of harassment, discrimination, and retaliation – and helps them comply with a wide range of federal and state employment laws and agency regulations. She also assists in developing employee handbooks, policies, and procedures.

With a decade of experience practicing employment law in the Philadelphia market, Julia has been on both sides of the table, having previously served as lead plaintiffs’ counsel in numerous employment discrimination and wage and hour matters in Pennsylvania and New Jersey federal and state courts, as well as before the EEOC and PHRC. She has tried numerous cases to verdict in both jury and non-jury trials and her comprehensive perspective lends valuable insight into case strategies and tactics, from discovery through trials and appeals.

Julia graduated cum laude from the Earle Mack School of Law at Drexel University, where she was a Dean’s Scholarship recipient and taught constitutional law classes in Philadelphia public high schools and, as a teaching fellow for the Marshall Brennan Constitutional Literacy Project, coached students to compete in city-wide and national moot court competitions.

After law school, Julia completed a year-long internship with the Delaware County District Attorney’s Office before starting her employment law practice.

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