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<ul class="summary-list"><li>OpenAI is trying to negotiate down the number of files it must produce in a copyright case. </li><li>Files belonging to ex-chief scientist Ilya Sutskever are among those under dispute. </li></ul>A lawyer for OpenAI is seeking to negotiate down the number of documents the company must review and disclose in a high-profile copyright lawsuit, arguing that the latest requests involving its <a target="_blank" rel="noopener noreferrer" class="c-link" href="https://www.businessinsider.com/ilya-sutskever-leaving-openai-6-months-after-failed-altman-ouster-2024-5">cofounder Ilya Sutskever</a> and seven other current and former employees are too big and numerous.In a letter to the judge filed on Wednesday in New York federal court, OpenAI lawyer Carolyn M. Homer said files demanded by the Authors Guild from eight additional people would total hundreds of gigabytes of data "comprising over 886,000 documents."These eight "custodians" — people thought to have relevant evidence to produce in the pretrial discovery process — include former chief scientist and cofounder Sutskever and <a target="_blank" class="" href="https://www.businessinsider.com/jan-leike-ilya-sutskever-resignations-superalignment-openai-superintelligence-safe-humanity-2024-5">researcher Jan Leike</a>, who left the company in May for rival firm Anthropic.The lawsuit centers on claims that OpenAI's models were trained on books without the authors' permission.Homer also named other disputed custodians, including OpenAI technical staff members Chelsea Voss, Shantanu Jani, and Jong Wook Kim, pretraining data lead Qiming Yuan, and former employees Andrew Mayne and Cullen O'Keefe.<a target="_blank" class="" href="https://www.businessinsider.com/sam-altman-openai-speed-bump-orion-lacks-improvement-2024-11">OpenAI</a> has already agreed to produce documents from 24 custodians but is pushing back against proposed search parameters and requests to produce files relevant to eight new custodians over concerns that their files would significantly increase the resources needed to go through them.According to OpenAI's lawyer, the company's review of the existing 24 custodians, based on its own proposed search terms, would require it to examine "more than 460,000 documents" totaling 359 gigabytes. Homer said that using the Authors Guild's proposed terms, OpenAI would need to review over 1 million documents. When factoring in OpenAI's proposed search terms for the eight disputed custodians, Homer said the size of the files would be over 375 gigabytes, exceeding the size of the files from the 24 custodians already agreed on by both parties.The lawyer also said OpenAI estimated a 71% duplication rate based on proposed search terms between the eight disputed custodians and the 24 existing ones.OpenAI's lawyer said that the "substantial volume of hits," as well as concerns over high duplication rates, meant it would continue to attempt to reach an agreement with the plaintiffs over Sutskever's files and the other disputed custodians.The dispute marks the latest development in the ongoing class-action lawsuit brought by the Authors Guild — which provides support for writers — against OpenAI. <a target="_blank" class="" href="https://www.businessinsider.com/openai-destroyed-ai-training-datasets-lawsuit-authors-books-copyright-2024-5">Unsealed documents reviewed by BI</a> this year showed that the ChatGPT maker deleted two datasets, "books1" and "books2," used to train an older AI model named GPT-3.OpenAI is also facing several other cases over copyright infringement, including one <a target="_blank" class="" href="https://www.businessinsider.com/ai-future-copyright-lawsuits-new-york-times-times-authors-2024-10">brought against the company by The New York Times.</a>Authors Guild lawyers said in filings that the datasets may have included "more than 100,000 published books."OpenAI and the Authors Guild did not immediately respond to Business Insider's request for comment.

OpenAI's lawyer says there are too many files from Ilya Sutskever and other employees to share in copyright lawsuit 

<keyword id="20024191" type="General" weightage="20" keywordseo="Reliance-Power" source="keywords" meta.keywordsubtype="org" meta.entityname="Reliance Power" meta.hostid="261" meta.entityid="Reliance Power">Reliance Power</keyword> said it has received <keyword id="21075266" type="General" weightage="20" keywordseo="shareholders-approval" source="keywords">shareholders' approval</keyword> to raise <keyword id="23666886" type="General" weightage="20" keywordseo="Rs-1524-60-crore" source="keywords">Rs 1,524.60 crore</keyword> through issuance of <keyword id="20770487" type="General" weightage="20" keywordseo="preferential-shares" source="keywords">preferential shares</keyword>. A resolution through a postal ballot notice has been passed with requisite majority, the company said in a late night stock exchange filing on Wednesday. According to the postal ballot notice, the company will raise up to Rs 1,524.60 crore by preferential issue of up to 46.20 crore <keyword id="20035340" type="General" weightage="20" keywordseo="equity-shares" source="keywords">equity shares</keyword> and/or warrants convertible into equivalent number of equity shares at a price of Rs 33 per apiece. On September 23, the board of Reliance Power Ltd had approved raising Rs 1,524.60 crore through issue of preferential shares, wherein promoters will infuse Rs 600 crore into the company to advance its business. <div type="Article" hostid="261" msid="79183505" title="Happy Dhanteras 2024 messages and wishes" mstype="2" mssubtype="0"></div> Reliance Infrastructure, the promoter of the company, will enhance its equity stake by over Rs 600 crore. The other investors who will participate in the preferential issue include Authum Investment and Infrastructure Ltd and Sanatan Financial Advisory Services. The fresh fund would be utilised for expansion of business operations directly and/or through investment in subsidiaries and joint ventures, debt reduction and for general corporate purposes, the company said. The preferential issue will enhance the company's net worth from about Rs 11,155 crore to over Rs 12,680 crore, it said. SEE ALSO:<a href="https://www.businessinsider.in/stock-market/webstories/afcons-infrastructure-ipo-gmp-risk-factors-and-all-you-need-to-know/slidelist/114490954.cms" target="_blank"></a> <a href="https://www.businessinsider.in/stock-market/webstories/afcons-infrastructure-ipo-gmp-risk-factors-and-all-you-need-to-know/slidelist/114490954.cms" target="_blank">Afcons Infrastructure IPO – GMP, risk factors and all you need to know</a><a href="https://www.businessinsider.in/tech/news/upi-refund-scam-to-digital-arrest-scam-here-are-most-common-online-scams-in-india/articleshow/114428011.cms" target="_blank"></a> <a href="https://www.businessinsider.in/tech/news/upi-refund-scam-to-digital-arrest-scam-here-are-most-common-online-scams-in-india/articleshow/114428011.cms" target="_blank">UPI refund to digital arrest scam, here are some online scams you need to be aware of</a><a href="https://www.businessinsider.in/stock-market/news/waaree-energies-ipo-allotment-how-to-check-allotment-ipo-gmp-listing-date-and-more/articleshow/114508632.cms" target="_blank"></a> <a href="https://www.businessinsider.in/stock-market/news/waaree-energies-ipo-allotment-how-to-check-allotment-ipo-gmp-listing-date-and-more/articleshow/114508632.cms" target="_blank">Waaree Energies IPO allotment – How to check allotment, IPO GMP, listing date and more</a>

Reliance Power gets shareholders' nod to raise ₹1,525 crore via preferential shares

<ul class="summary-list"><li>Buy-now, pay-later firm Klarna has filed draft registration documents for an IPO in the US.</li><li>The Swedish firm has not confirmed the price range and number of shares it will offer. </li></ul>Swedish fintech giant Klarna has filed documents for its highly anticipated initial public offering in the US.Klarna announced Tuesday that it confidentially submitted draft registration documents to the Securities and Exchange Commission.The buy-now, pay-later firm said it expects the IPO to take place once the SEC has completed its review, and the timing would be subject to market conditions. It added that the price range and number of shares it will offer have not yet been determined.Klarna, which offers short-term financing to customers online and in stores at checkout, raised $1 billion in March 2021. Three months later, it raised a further $639 million at a $45.6 billion valuation, making it Europe's most valuable startup at the time.That same year, Klarna looked to capitalize on its <a target="_blank" href="https://www.businessinsider.com/klarna-ceo-sebastian-siemiatkowski-interview-buy-now-pay-later-retail-2020-10">rapid growth in the US</a> as online shopping boomed during the pandemic. It started investing 10 times more in marketing in the US in 2021 compared with the two years prior, <a target="_blank" href="https://www.businessinsider.com/cmo-of-10-billion-startup-klarna-lays-out-marketing-strategy-2021-2">Business Insider previously reported</a>, spending $5.5 million alone on a 30-second Super Bowl advert.But its valuation fell to $6.7 billion in 2022 during a wider market downturn for startups. In February, Bloomberg reported that<a target="_blank" href="https://www.bloomberg.com/news/articles/2024-02-27/klarna-said-to-sound-out-banks-for-us-ipo-at-20-billion-value"> Klarna was in talks with banks to go public in the US</a> at a $20 billion valuation.Klarna's public listing plans follow a period of muted tech IPO activity. It also continues a trend of IPO "brain drain" from Europe to the US, said Navina Rajan, senior EMEA private capital analyst at PitchBook. "For Klarna more specifically, the choice falls in line with the company's focus on US expansion," Rajan added. "Furthermore, the less scrutiny on profitability for tech companies seen in the US may also help alleviate cost pressures caused by expansion. "That being said, profitability is something that they have been cited to be near to achieving, which falls in line with broader trends we're seeing in the nature of IPOs that are taking place." Klarna also appears to be seeking to expand beyond its core BNPL business. It recently <a target="_blank" href="https://www.businessinsider.com/klarna-stock-trading-robinhood-bnpl-app-ipo-2024-10">advertised four internal jobs to help build a product</a> that lets customers buy and sell stocks through its app.The company posted on an internal Slack channel last month, seen by BI, that it is hiring a team to build a tool resembling Robinhood's trading platform.A spokesperson for Klarna told BI at the time that it "continuously explores new product concepts" and that it "does not mean that such a product will eventually go to market."Do you work for Klarna? Got a tip? Contact the reporter, Jyoti Mann, via the encrypted messaging app Signal at jyotimann.11 or via email at <a target="_blank" href="mailto:jmann@businessinsider.com">jmann@businessinsider.com</a>. Reach out through a nonwork device.

Buy-now, pay-later giant Klarna files for IPO in the US

<ul class="summary-list"><li>Fidelity participated in OpenAI's $6.6 billion funding round.</li><li>The company valued its OpenAI stock at almost $30 million, according to a new filing.</li></ul>Fidelity has a stake in <a target="_blank" class="" href="https://www.businessinsider.com/openai-ai-adjusted-earnings-groupon-wework-accounting-2024-10">OpenAI</a> that the mutual fund giant valued at almost $30 million, according to a filing on Wednesday. Fidelity participated in <a target="_blank" class="" href="https://www.businessinsider.com/openai-investors-latest-funding-round-2024-10">OpenAI's $6.6 billion funding round</a> via its Blue Chip Growth Fund. According to the fund's monthly report, which was published on October 30 and includes financial information for the month of September, Fidelity valued its shares of OpenAI at $29,421,124.It was not immediately clear how many OpenAI shares Fidelity owns. The fund manager lists the number of shares it has in each company in its annual and semi-annual reports, the last of which was published at the end of September and includes financial information through the month of August, just before OpenAI's funding round.Representatives for OpenAI and Fidelity did not immediately respond to requests for comment.

Fidelity owns almost $30 million in OpenAI stock, filing shows

<ul><li>FMCG giant HUL’s shares reported a decline of over 6% on Thursday.</li><li>This comes a day after the company reported a 2.33% decline in consolidated net profit in Q2.</li><li>The stock tanked 6.59% to ₹2,483.95 on the NSE.</li></ul>Shares of FMCG major <keyword id="20002610" type="General" weightage="20" keywordseo="Hindustan-Unilever" source="keywords">Hindustan Unilever</keyword> Ltd (HUL) on Thursday tumbled over 6% after the firm reported a 2.33% decline in consolidated net profit for the second quarter ended in September. The stock tanked 6.59% to ₹2,483.95 on the NSE. The stock emerged as the biggest laggard among the Sensex and Nifty firms during the morning trade. Hindustan Unilever Ltd on Wednesday reported a 2.33% decline in consolidated net profit at ₹2,595 crore for the second quarter ended in September 2024, impacted by moderation in demand from the urban market. The company had logged a net profit of ₹2,657 crore in the July-September quarter a year ago, HUL said in a regulatory filing. However, revenue from product sales was up 2.36% at ₹15,703 crore in the September quarter, from ₹15,340 crore in the year-ago period, HUL which owns power brands such as Surf, Rin, Lux, Pond's, Lifebuoy, Lakme, Brooke Bond, Lipton and Horlicks said. "In the September quarter, <keyword id="21419477" type="General" weightage="20" keywordseo="FMCG-demand" source="keywords">FMCG demand</keyword> witnessed moderating growth in urban markets, while rural continued to recover gradually. In this context, we delivered a competitive and profitable performance," HUL CEO and Managing Director Rohit Jawa said. HUL reported an underlying sales growth of 2% and underlying volume growth of 3%. Total expenses were at ₹12,581 crore in the September quarter, up 3.03% year-on-year. HUL's total income, which includes other income, was up 2.14% to ₹16,145 crore in the September quarter of FY25. Addressing an earnings call, HUL CFO Ritesh Tiwari said, "Two thirds of our business we do in urban areas, and one-third we do in rural areas … we are seeing growth in the urban market moderating. We are seeing rural growth recovery is gradual … it impacts all the categories that we have." On the outlook, he said, "In the near term, we expect demand trends to be stable with no further acceleration in pace of growth." In this context, Tiwari said, "Our focus remains on driving competitive volume-led growth, while continuing investments behind our brands and strategy priorities … If commodity prices remain where they are, we expect a low single digit price growth in the near-term." With inputs from PTI. SEE ALSO: <a href="https://www.businessinsider.in/stock-market/webstories/afcons-infrastructure-ipo-gmp-risk-factors-and-all-you-need-to-know/slidelist/114490954.cms">Afcons Infrastructure IPO – GMP, risk factors and all you need to know</a> <a href="https://www.businessinsider.in/tech/news/upi-refund-scam-to-digital-arrest-scam-here-are-most-common-online-scams-in-india/articleshow/114428011.cms">UPI refund to digital arrest scam, here are some online scams you need to be aware of</a> <a href="https://www.businessinsider.in/stock-market/news/waaree-energies-ipo-allotment-how-to-check-allotment-ipo-gmp-listing-date-and-more/articleshow/114508632.cms">Waaree Energies IPO allotment – How to check allotment, IPO GMP, listing date and more</a>

Hindustan Unilever shares tumble over 6% post Q2 results

The stock of <keyword id="19896380" type="General" weightage="20" keywordseo="Reliance-Industries" source="keywords">Reliance Industries</keyword> Ltd climbed nearly 3 per cent during the late afternoon trade on Thursday following the announcement that the company's board will consider issuing 1:1 bonus shares on September 5. Shares of the firm jumped 2.63 per cent to Rs 3,074.80 on the BSE as soon as the announcement came in. At the NSE, the bellwether stock climbed 2.58 per cent to Rs 3,074. The company's market valuation also surged Rs 42,399.24 crore to Rs 20,60,461.42 crore. <keyword id="10926" type="General" weightage="20" keywordseo="Reliance" source="Orion">Reliance</keyword>, the nation's most valuable company, had last issued bonus shares in September 2017. "A meeting of the Board of Directors of the company is scheduled to be held on Thursday, September 5, 2024, to consider and recommend to the shareholders for their approval, issue of bonus shares in the ratio of 1:1 to the equity shareholders of the company by capitalisation of reserves," the firm said in the stock exchange filing. Prior to the 1:1 bonus issue in 2017, Reliance had in 2009 issued 1:1 bonus share.

Reliance Industries valuation jumps by Rs 42,399 crore following 1:1 bonus shares consideration announcement

<ul class="summary-list"><li>Microsoft disclosed an equity investment in OpenAI for the first time, SEC filings show.</li><li>Microsoft previously disclosed its relationship with OpenAI as only a "partnership."</li></ul><a target="_blank" class="" href="https://www.businessinsider.com/microsoft-lost-billions-hololens-ivas-contract-trouble-2024-10">Microsoft</a> disclosed an equity investment in <a target="_blank" class="" href="https://www.businessinsider.com/openai-ai-adjusted-earnings-groupon-wework-accounting-2024-10">OpenAI</a> for the first time, according to its latest SEC filings.On Wednesday, the company released its quarterly results. In legally required disclosures, Microsoft included information about <a target="_blank" class="" href="https://www.businessinsider.com/microsoft-satya-nadella-openai-partnership-competition-collaboration-2024-5">its relationship with OpenAI</a>."We have an investment in OpenAI Global, LLC ("OpenAI") and have made total funding commitments of $13 billion," Microsoft wrote in the <a target="_blank" class="" href="https://www.sec.gov/Archives/edgar/data/789019/000095017024118967/msft-20240930.htm">SEC filing</a> on Wednesday. "The investment is accounted for under the equity method of accounting."Accounting expert Francine McKenna told Business Insider that the new disclosure suggests that Microsoft's previous investments in OpenAI were "soft money," such as discounts or credits for services and internal spending that fell below a certain threshold where the software giant didn't need to publicly disclose details.The latest "equity method investment" disclosure signals that Microsoft recently purchased stock or share rights in OpenAI, instead of just partnering, said McKenna, who writes <a target="_blank" class="" href="https://thedig.substack.com">The Dig</a> newsletter. In early October, OpenAI completed a $6.6 billion funding round and Microsoft took part in that deal. OpenAI also began a process of changing from a mostly non-profit organization to a more traiditional for-profit business. In a previous SEC filing, Microsoft described the nature of its relationship with OpenAI as a partnership rather than an equity investment."We have a long-term partnership with OpenAI, a leading AI research and deployment company," Microsoft wrote in its annual SEC filing from late July. "We deploy OpenAI's models across our consumer and enterprise products. As OpenAI's exclusive cloud provider, Azure powers all of OpenAI's workloads. We have also increased our investments in the development and deployment of specialized supercomputing systems to accelerate OpenAI's research."Microsoft's has had a relationship with OpenAI since 2019, using the startup's large language models to underpin its own generative AI products, such as its AI assistant Copilot. In return, Microsoft provides OpenAI with massive cloud-computing resources. The relationship between the companies has evolved in recent months. In the July filing, Microsoft listed OpenAI as a competitor for the first time.Are you a Microsoft employee or someone else with insight to share?Contact Ashley Stewart via the encrypted messaging app Signal (+1-425-344-8242) or email (<a target="_blank" href="mailto:astewart@businessinsider.com">astewart@businessinsider.com</a>). Use a nonwork device.

Microsoft hints at a big change to its OpenAI investments in a new SEC filing

<ul class="summary-list"><li>The Boeing strike is growing increasingly ill-tempered as both sides have filed NLRB complaints.</li><li>Talks resumed on Monday but collapsed the following day.</li></ul><a target="_blank" class="" href="https://www.businessinsider.com/boeing-strike-costing-50m-per-day-as-negotiations-restart-2024-10">Boeing</a> filed a complaint on Thursday with the National Labor Relations Board against the union representing 33,000 of its workers.Seattle-area members of the International Association of Machinists and Aerospace Workers have been on strike for four weeks. They walked out in September after rejecting a new pay deal from Boeing.Negotiations between <a target="_blank" class="" href="https://www.businessinsider.com/boeing-strike-negotiations-union-leaders-break-down-after-two-days-2024-10">Boeing and the IAM</a> fell apart on Tuesday, having restarted the previous day. Both sides have since filed charges with the NLRB, each saying the other is bargaining in bad faith.Rising tensions are palpable, and a longer strike would continue to hurt Boeing.Bank of America analyst Ron Epstein estimated that the strike is costing Boeing $50 million a day. The planemaker is also at risk of having its <a target="_blank" href="https://www.businessinsider.com/boeing-credit-downgrade-sp-moodys-strike-production-cash-debt-2024-10">bonds downgraded to junk status</a> by credit rating agencies.Boeing has implemented cost-cutting measures like asking some staff to take a rolling furlough of one week every four weeks.The union is asking for a 40% pay rise and hopes to win back a defined benefit pension that was replaced with a 401(k) in 2014 negotiations.<a target="_blank" class="" href="https://www.businessinsider.com/boeing-strike-iam-factory-workers-planes-losses-revenue-billions-union-2024-9">Boeing's first offer</a> included a 25% pay rise but was overwhelmingly rejected by workers. Its second offer on September 23 was upped to 30%, plus increased 401(k) contributions, but the <a target="_blank" class="" href="https://www.businessinsider.com/boeing-union-criticizes-new-offers-blatant-show-of-disrespect-2024-9">union accused Boeing</a> of "a blatant show of disrespect."It said Boeing used direct-dealing tactics by sharing the offer with the media while union leaders were still reviewing the details and that the planemaker didn't engage in discussions about it.In a memo to employees last Friday, seen by Business Insider, <a target="_blank" class="" href="https://www.businessinsider.com/boeing-new-ceo-kelly-ortberg-2024-7">CEO Kelly Ortberg</a> said a resolution "stands as a priority for me" ahead of resuming discussions on Monday.However, Boeing withdrew its second offer and said the union was making unreasonable demands."Given that position, further negotiations do not make sense at this point," Stephanie Pope, CEO of Boeing Commercial Airplanes, told employees in an email Tuesday.Reinstating the pension plan remains a key issue for many on the picket line — but Boeing's chief negotiator, Mike Fitzsimmons, told <a target="_blank" class="" href="https://www.seattletimes.com/business/boeing-aerospace/boeing-raises-its-offer-to-the-machinists-to-try-to-end-the-strike">The Seattle Times</a> there is "no scenario" where this will happen.In a statement shared with BI, Boeing said it remains committed to reaching a compromise."The union's public narrative is misleading and making it difficult to find a solution for our employees," it added.IAM District 751 did not immediately respond to a request for comment from BI.Do you work at Boeing? Reach out to this reporter at <a target="_blank" href="mailto:psyme@businessinsider.com">psyme@businessinsider.com</a>

Tensions are rising in the Boeing strike after the planemaker filed a complaint against the union

<ul class="summary-list"><li>The NLRB filed a complaint against Apple, alleging labor law violations and retaliation.</li><li>Cher Scarlett, a former Apple engineer, initiated charges after she said she faced retaliation.</li></ul>The National Labor Relations Board filed an unfair labor practice complaint on November 1 that alleged Apple violated federal labor law and retaliated against employees who discussed pay and working conditions.The case's charging party, Cher Scarlett, is a former software engineer on Apple's security team. She was a prominent organizer for the <a target="_blank" href="https://www.businessinsider.com/apple-fired-activist-apple-employee-janneke-parrish-nlrb-complaint-2021-11">#AppleToo </a>movement who helped launch an anonymous survey and<a target="_blank" href="https://www.businessinsider.com/apple-too-employee-website-discrimination-harassment-2021-8"> a website</a> for Apple employees to share stories about pay disparities and harassment.Scarlett said she left Apple in November 2021 after facing retaliation after she set up the wage survey and intimidation for her organizing efforts. She added that employees were not part of a union and were not allowed to present the results of their findings to HR collectively. She was also told to take medical leave and offered a severance agreement."I'm not saying everybody has to go share their wages, but the fact is it's a personal decision about what you want to share. It's not a business decision," Scarlett told Business Insider.Scarlett filed the first of her three charges against the company with the NLRB in September 2021.The new complaint, which consolidates her three charges, is the first step in the board's litigation process after the board investigates and finds merit in unfair labor practice charges. If both parties do not settle, a hearing will occur in June in Oakland.According to the consolidated complaint copy that BI reviewed, the NLRB found that Apple created a culture of surveillance by telling employees not to speak to the press or post online on social media about pay disparities. The board also said the company selectively enforced bans on creating Slack channels to discuss working conditions.Section 7 of the National Labor Relations Act protects workers, even if they are not unionized, to engage in concerted activities "for the purpose of collective bargaining or other mutual aid or protection."The NLRB found in the complaint that Apple maintained an overbroad confidentiality rule and "constructively" fired Scarlett by making continued employment contingent on her ceasing these Section 7 activities.The complaint included remedies, such as requiring Apple to post an official board notice at its offices and electronically explain the rights granted by the National Labor Relations Act and having managers and employees receive NLRB training regarding their rights as laborers. If an order is issued, Apple must amend its rules to not interfere with employees' Section 7 rights to organize.The NLRB's General Counsel also seeks an order reinstituting Scarlett in her former job position, compensating her for the financial losses incurred due to the unlawful termination, and providing a neutral job reference. Scarlett told BI that Apple and the NLRB discussed a potential settlement, and those talks have not yet succeeded.The NLRB declined to comment. Apple did not respond to a request for comment.<h2 id="611851da-3640-4b7f-b14d-ddbb82115101">A culture of silence</h2>Scarlett's case is among other ongoing unfair labor practice complaints by former Apple employees.The NLRB issued complaints last month for two other cases, alleging that Apple required employees nationwide to sign <a target="_blank" href="https://www.reuters.com/technology/apple-accused-by-us-labor-board-imposing-illegal-workplace-rules-2024-10-01/">illegal confidentiality</a>, non-disclosure, and non-compete agreements. The board also said that the company <a target="_blank" href="https://www.reuters.com/technology/apple-accused-restricting-workers-slack-social-media-use-by-us-labor-board-2024-10-11/">restricted employee usage of social media</a> and Slack to advocate for better working conditions. These cases will be heard with an NLRB administrative law judge in Oakland next February.Although Apple told the SEC its policy is to not use strict non-disclosure clauses following allegations of harassment or discrimination, Scarlett showed that was not true when she <a target="_blank" href="https://www.businessinsider.com/apple-sec-response-under-scrutiny-after-whistleblower-comes-forward">came forward</a> to BI in 2021 and broke her NDA.In 2021, Scarlett filed a whistleblower complaint with the SEC over what she described as "false statements or misleading statements" by Apple to the agency. Soon after, under pressure from activist investors, Apple agreed to "make improvements and clarifications" for using NDAs and said it would not enforce agreements like Scarlett's. In California, where many Apple employees are based, the passage of laws such as the <a target="_blank" class="" href="https://www.businessinsider.com/ashley-gjovik-apple-fired-workplace-safety-sexism-harassment-2021-9">Silenced No More Act</a> prohibits companies from preventing employees from speaking out about discrimination and <a target="_blank" href="https://www.businessinsider.com/utah-bill-nda-sexual-assault-harassment-unenforceable-2024-2">harassment</a>."Decades later, the same things that women were fighting in Silicon Valley about for recognition and pay parity and like not being sexually harassed and everything–they're still fighting for that today," Scarlett said.Many Silicon Valley tech workers have said that companies force them to sign <a target="_blank" class="" href="https://www.businessinsider.com/silicon-valley-tech-workers-nda-culture-silence-2021-7">stringent non-disclosure agreements</a> that create a culture of silence and prevent workers from discussing working conditions such as pay disparities. The culture of preventing workers from speaking about pay disparities <a target="_blank" href="https://www.theverge.com/2021/8/23/22633141/apple-pay-equity-survey-results-wage-gap">especially impacts women</a>.The <a target="_blank" class="" href="https://www.businessinsider.com/apple-too-employee-website-discrimination-harassment-2021-8">#AppleToo</a> survey, which Scarlett said received almost 4,000 responses out of 147,000 employees, showed that <a target="_blank" class="" href="https://www.businessinsider.com/apple-blocks-workers-pay-equity-slack-channel-2021-8">women were paid</a> 6% less than men in 2020.Evan Starr, assistant professor of management at the University of Maryland, said companies don't want workers to discuss wages "because they don't want the workers necessarily unionized, and they don't want to necessarily have to respond to coordinated pay demands among workers."<h2 id="e1c793d5-ab0a-414c-8feb-081daa0bb40a">The future of labor organizing in Silicon Valley</h2>The NLRB has received an uptick in unfair labor practice filings from tech workers. Employees at <a target="_blank" href="https://www.businessinsider.com/microsoft-union-organizer-sees-wave-organizing-across-us-zenimax-indeed-2023-6">Microsoft,</a> <a target="_blank" href="https://www.businessinsider.com/youtube-music-contract-workers-win-historic-union-election-2023-4">Google,</a> <a target="_blank" href="https://www.businessinsider.com/amazon-tech-workers-discuss-unionizing-over-rto-2024-1">Amazon</a>, and The <a target="_blank" href="https://www.businessinsider.com/new-york-times-tech-strike-disrupt-site-election-coverage-2024-11">New York Times</a> have pushed for unionization efforts to address working conditions."When we talk about labor law, we're really talking about unions and hourly labor, like retail, front line, and service workers," Scarlett said. "Tying this to corporate workers, especially high ranging software engineers who worked there a long time, really shows you that labor issues are not just issues that hourly per person faces. It's beyond that. It's technology workers. It's everyone you know who is the laborer."Scarlett and other employees created #AppleToo, modeled after the <a target="_blank" class="" href="https://www.businessinsider.com/metoo-accusers-5-years-later-where-are-they-now-2022-10">#MeToo movement</a>, to encourage more workers to share stories about incidents of discrimination, inequity, sexism, and racism at Apple. Movements like #AppleToo reflect a greater push from tech workers, who expect more employer transparency."I do think tech is at a little bit of an interesting crossroads," said Matthew Bodie, an employment law professor at the University of Minnesota Law School. "People are looking ahead to their careers. They're not necessarily looking to spend their whole career in one place, particularly when you have employees who have more power than the org, like a software engineer who might be valuable to other companies. That person is going to want to have a say."Scarlett said that it has been difficult to find employment after becoming a whistleblower, despite having more than 20 years of developer experience at places such as Webflow, USA Today, and Activision Blizzard. Last year, the NLRB filed a complaint <a target="_blank" href="https://www.bloomberg.com/news/articles/2023-11-22/nlrb-files-case-against-mozilla-for-not-hiring-labor-activist">against Mozilla</a> for refusing to hire her. Scarlett said tech workers may worry about being blacklisted if they come forward as whistleblowers.Despite these challenges, Scarlett hopes to move forward. She said she would not stop being a labor activist just to get a job.Scarlett added that this work "gives the next people who are experiencing these issues the power to hold Apple and other companies in Silicon Valley accountable."

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