Bill Targeting NDAs Used By Tech Companies Passes In Washington State

Landmark legislation that will drastically curtail tech companies’ ability to stop employees from talking about mistreatment is headed to the governor’s desk in Washington state. GeekWire reports: Last week, Washington legislators approved House Bill 1795 — also called the Silenced No More Act — in major victory for activists who have fought to limit non-disclosures and non-disparagement agreements. The legislation, introduced by Rep. Liz Berry (D-Seattle), makes it illegal for companies to ban employees from discussing “illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.”

“This bill is about empowering workers,” said Berry in a statement last week. “It is about giving workers a voice. Despite the progress we’ve made in recent years, too many workers are still forced to sign NDAs and settlement agreements that silence them. This bill will allow all survivors of inappropriate or illegal workplace misconduct to share their experiences if they choose to do so.” NDAs have long been common practice at many large tech companies, and often state that employees will have to repay severance money or face other financial ramifications if they violate the agreement.

Washington state will be the second state to ban these types of gag orders; California passed its own Silenced No More Act last year. There, the legislation passed despite vocal opposition from trade groups, which argued that employees could end up getting hurt if companies decide to limit severance payments, or to forgo them altogether.

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This Year’s Flu Vaccine Was Basically Worthless

This winter’s flu vaccine was a particularly bad match for the most common influenza strain in circulation, a new analysis from the Centers for Disease Control and Prevention found. Gizmodo reports: Thankfully, the flu season was much milder than usual for the second year in a row, as ongoing covid-19 precautions likely blunted the spread of flu as well. The estimates come from the CDC’s long-running surveillance program of people with suspected flu-like symptoms who visit various outpatient sites throughout the country. Overall, the odds of catching a case of confirmed flu were only slightly lower for vaccinated people, the researchers found. Against all flu strains detected at these sites, the vaccine was deemed to be 14% effective, as well as 16% effective at preventing cases of flu from A(H3N2) viruses, the predominant strain this winter. Numbers this low are far below the 50% threshold for a vaccine to be considered relatively useful, and they’re not even high enough to reach statistical significance.

In the words of the researchers, who published their results in the CDC’s Morbidity and Mortality Weekly Report, the vaccine “did not reduce the risk for outpatient respiratory illness caused by influenza A(H3N2) viruses that have predominated so far this season.” Flu vaccines, even in a good year, are far from perfect. The strains of influenza virus that infect humans are constantly evolving, meaning that scientists have to try to predict what these strains will look like during the next flu season so that they can match them to the strains included in the vaccine (the vaccine will usually include four strains at a time). This guessing game often results in a vaccine that’s around 50% to 60% effective, but sometimes, as is the case this year, the mismatch can get worse. It doesn’t help that this year’s main flu is H3N2, a subtype of flu already known for being harder to predict than others.

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Ukraine Alleges Russia Is Planning ‘Terrorist’ Incident At Chernobyl

According to the latest updates from CNN, Ukraine’s defense ministry claims Russia is planning to carry out “some sort of terrorist attack at the Chernobyl nuclear power plant” and blame Ukraine. The plant is currently without power and under Russian control. From the report: The Main Intelligence Directorate of the Ministry of Defence claimed on its Facebook page Friday that “the available intelligence says Putin has ordered that his troops to prepare a terror attack at Chernobyl for which the Russian invaders will try to blame Ukraine.” The directorate also repeated that the plant “remains completely disconnected from the monitoring systems run by the International Atomic Energy Agency (IAEA).”

The Ukrainian Ministry of Defence also alleged Friday that Russian forces had denied a Ukrainian repair team access to Chernobyl. It claimed without offering evidence that “Belarusian specialists” went there posing as nuclear power experts and that Russian saboteurs were arriving to set up a terror attack. The ministry claimed that “without receiving the desired result from the ground military operation and direct talks, Putin is ready to resort to nuclear blackmail of the international community.”

The IAEA said last week that it had not been able to re-establish communication with systems installed to monitor nuclear material and activities at either the Chernobyl or Zaporizhzhia plants following the loss of remote data transmissions from those systems. IAEA Director General Rafael Grossi said Thursday that the situation at the Chernobyl nuclear power plant, occupied by the Russian forces, was degrading as the IAEA was losing “a significant amount of information” on safeguarding monitoring systems. However, he said he was “quite encouraged […] on one important thing, is that Ukraine and Russian Federation want to work with us, they agree to work with us.” “Both Russia and Ukraine have repeatedly claimed without substantiation that the other side is planning to provoke an incident involving nuclear, chemical or biological agents,” notes CNN.

On Wednesday, Russian’s foreign ministry claimed that the U.S. operates a biowarfare lab in Ukraine, “an accusation that has been repeatedly denied by Washington and Kyiv,” reports Reuters.

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Google Dupes Diners, Sidelines Restaurants For Delivery Profits

Google has been making unauthorized pages for restaurants and using them to take a cut of fees from delivery orders through sites like Postmates, DoorDash and Grubhub, according to a lawsuit Tuesday in San Francisco federal court. Reuters reports: The proposed class action (PDF) filed by Left Field Holdings, a Florida franchisee of Lime Fresh Mexican restaurants, said Google has been creating illegitimate digital “storefronts” for restaurants and deceiving users into thinking that the restaurants approved them. The lawsuit says Google takes a cut from the delivery sites for orders made through the storefronts, and in some cases delivery sites pay Google to divert users to them.

Left Field said restaurants are charged up to 30% of each order in fees by delivery sites, and therefore see “little (if any)” profits from them. Google never received permission to sell the restaurants’ food, designed the storefronts to look like they were restaurant-appproved, and placed a large “Order Online” button under restaurant search results to lure users to its storefronts, according to Left Field. […] The lawsuit accuses Google of deceiving customers and violating federal trademark law starting in 2019. It asks for an undisclosed amount of money damages on behalf of Left Field and similarly affected restaurant owners and a ban on Google’s alleged misuse of their trade names. In response to the lawsuit, a Google spokesperson said that the “Order Online” feature is meant to “connect customers with restaurants they want to order food from,” and that it lets restaurants “indicate whether they support online orders or prefer a specific provider, including their own ordering website.”

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Google’s Messages App Can Now Handle iMessage Reactions

Google is updating the default “Messages” app to include a number of new features, such as the ability to handle iMessage “Tapbacks.” TechCrunch reports: Other coming updates include nudges to remind you to reply to messages you missed, separate tabs for business and personal messages, reminders about birthdays you may want to celebrate, support for sharper videos via a Google Photos integration and an expanded set of emoji mashups, among other things. After the update, reactions from iPhone users will be sent as an emoji on text messages on Android. As on iMessage, the emoji reaction — like love, laughter, confusion or excitement — will appear on the right side of the message. (On Android, it’s the bottom right.) This feature is first rolling out to Android devices set to English, but additional languages will follow. […] Android’s interpretation of which emoji to use varies slightly from iPhone, however. For instance, the “heart” reaction on Android becomes the “face with the heart eyes” emoji. And the iMessage’s exclamation mark reaction becomes the “face with the open mouth” emoji.

Google is also integrating Google Photos into the Message app to improve the video sharing experience. While the modern RCS standard allows people with Android devices to share high-quality videos with each other, those same videos appear blurry when shared with those on iPhone, as iMessage doesn’t support RCS. By sending the link to the video through Google Photos, iPhone users will be able to watch the video in the same high resolution. This feature will later include support for photos, too. This addition aims to push Apple to adopt the industry standard by shaming the company over video quality.

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Russia Says Its Businesses Can Steal Patents From Anyone In ‘Unfriendly’ Countries

Russia has effectively legalized patent theft from anyone affiliated with countries “unfriendly” to it, declaring that unauthorized use will not be compensated. The Washington Post reports: The decree, issued this week, illustrates the economic war waged around Russia’s invasion of Ukraine, as the West levies sanctions and pulls away from Russia’s huge oil and gas industry. Russian officials have also raised the possibility of lifting restrictions on some trademarks, according to state media, which could allow continued use of brands such as McDonald’s that are withdrawing from Russia in droves. The effect of losing patent protections will vary by company, experts say, depending on whether they have a valuable patent in Russia. The U.S. government has long warned of intellectual property rights violations in the country; last year Russia was among nine nations on a “priority watch list” for alleged failures to protect intellectual property. Now Russian entities could not be sued for damages if they use certain patents without permission.

The patent decree and any further lifting of intellectual property protections could affect Western investment in Russia well beyond any de-escalation of the war in Ukraine, said Josh Gerben, an intellectual property lawyer in Washington. Firms that already saw risks in Russian business would have more reason to worry. “It’s just another example of how [Putin] has forever changed the relationship that Russia will have with the world,” Gerben said. Russia’s decree removes protections for patent holders who are registered in hostile countries, do business in them or hold their nationality.

The Kremlin has not issued any decree lifting protections on trademarks. But Russia’s Ministry of Economic Development said last week that authorities are considering “removing restrictions on the use of intellectual property contained in certain goods whose supply to Russia is restricted,” according to Russian state news outlet Tass, and that potential measures could affect inventions, computer programs and trademarks. The ministry said the measures would “mitigate the impact on the market of supply chain breaks, as well as shortages of goods and services that have arisen due to the new sanctions of western countries,” Tass stated. Gerben said a similar decree on trademarks would pave the way for Russian companies to exploit American brand names that have halted their business in Russia. He gave a hypothetical involving McDonald’s, one of the latest global giants to suspend operations in Russia under public pressure.

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Ukraine Warns Chernobyl Nuclear Plant Is Without Power

On February 24, Russian forces seized control of the Chernobyl nuclear plant and took its staff hostage, causing radiation levels to increase about 20-fold from all the heavy military vehicles stirring contaminated soil in the exclusion zone surrounding the plant. Today, the Ukrainian government warned that the abandoned nuclear power plant, including other nuclear facilities nearby, no longer have electricity after a power line was damaged. Axios reports: A loss of power at the plant could disrupt the cooling of radioactive material stored there, risking radioactive leakage that can be carried by wind to other parts of Europe. […] “About 20,000 spent fuel assemblies are stored in the spent nuclear fuel storage facility-1. They need constant cooling, which is possible only if there is electricity. If it is not there, the pumps will not cool. As a result, the temperature in the holding pools will increase,” the Ukrainian government said. “After that evaporation will occur, that will lead to nuclear discharge. The wind can transfer the radioactive cloud to other regions of Ukraine, Belarus, Russia and Europe. In addition, there is no ventilation inside the facility,” it added.

The International Atomic Energy Agency said Wednesday that Ukraine had informed it of the power outage and called it a violation of a “key safety pillar” but saw “no critical impact on safety” in this case. The agency’s director general said Tuesday that it was no longer receiving data monitoring systems installed at the plant and other facilities and that the handling of nuclear material in the Chernobyl Exclusion Zone had been put on hold.
“I’m deeply concerned about the difficult and stressful situation facing staff at the Chernobyl nuclear power plant and the potential risks this entails for nuclear safety. I call on the forces in effective control of the site to urgently facilitate the safe rotation of personnel there,” IAEA director general Rafael Mariano Grossi said Tuesday.

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Better.com Employees Learned of Layoffs When Severance Checks Appeared In Payroll App

The mass layoffs at digital mortgage lender Better.com have reportedly started, according to employees and other sources at the company, and affected workers are finding out by seeing a severance check in their Workday account — the company’s payroll app. TechCrunch’s Mary Ann Azevedo reports: The layoffs were meant to be announced by the company on March 9, but one employee — who wishes to remain anonymous due to fear of repercussions — told TechCrunch that “they accidentally rolled out the severance payslips too early.” Better.com execs reportedly planned the layoffs for March 8 but moved the date to March 9 when news of the initial date leaked. Apparently, when execs realized their mistake, they deleted the checks from some people’s Workday accounts. According to the employee, the severance checks arrived without any additional communication from the company.

The employee told me: “Better Layoffs have started. Severance showing in our Workday app (which is payroll) as of 12 AM respective time zones. No email, no call, nothing. This was handled disgustingly.” The employee — who had an inkling that the cuts were coming — added: “Leadership remained absolutely silent, never acknowledged anything in regards to layoffs. They still haven’t.” An estimated 3,000 of the company’s 8,000 employees in the U.S. and India are being let go.

It is notable that the missive came from [CFO Kevin Ryan] and not CEO Vishal Garg, who suffered severe backlash after laying off 900 employees during a Zoom meeting in early December in what many considered to be a cold and callous manner. The video went viral globally and Garg was vilified not only for the way he notified employees, but for what employees described as verbally abusive behavior. […] Ryan wrote that the company “had to adjust to volatility in the interest rate environment and refinancing market.” He added: “Unfortunately, that means we must take the difficult step of streamlining our operations further and reducing our workforce in both the U.S. and India in a substantial way. This has not been an easy few months, and I want to express my sincere thanks to every member of the Better team for your hard work and focus,” he added. “Our strongest days lie ahead.”

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