There has been much publicity recently regarding a series of states enacting state statutes intended to restrict or prohibit mandatory arbitration agreements in the employment context. The most recent such endeavor to be...more
This past week, the EEOC withdrew its 1997 policy statement regarding mandatory binding arbitration agreements. In that policy statement, the EEOC took the position that the use of mandatory binding arbitration agreements as...more
Many employers have implemented mandatory arbitration policies requiring that all employment related disputes be resolved through final and binding arbitration rather than in traditional court proceedings. Generally speaking,...more
We have alerted you on two prior occasions regarding the Securities and Exchange Commission (SEC) imposing substantial fines and other penalties based solely on “boilerplate” language commonly found in corporate severance...more
In August 2016, we highlighted that companies may want to review the content of their standard severance agreements, settlement agreements, confidentiality agreements and similar documents in light of an unprecedented...more
1/6/2017
/ Confidentiality Agreements ,
Department of Labor (DOL) ,
Employment Contract ,
Equal Employment Opportunity Commission (EEOC) ,
Non-Disparagement Provisions ,
Securities and Exchange Commission (SEC) ,
Separation Agreement ,
Settlement Agreements ,
Severance Agreements ,
Waiver of Rights ,
Whistleblower Awards
Beginning in approximately 2012, the National Labor Relations Board (“NLRB”) adopted the position that any class action waiver contained in an employment arbitration policy or agreement violates the right of employees to...more