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Confidentiality Agreements Sexual Harassment

Seyfarth Shaw LLP

In defence of non-disclosure agreements

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Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more

Miles Mediation & Arbitration

“He Said, She Said”: The Challenges of Sexual Assault and Sexual Harassment Claims

California recently passed a bill, AB 933, that expands the definition of “privileged speech” to include communications about information concerning sexual harassment, sexual assault, or discrimination. The new law defines...more

Littler

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Littler on

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit...more

Kramer Levin Naftalis & Frankel LLP

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Troutman Pepper

Virginia Legislature Makes Changes to Employment Law

Troutman Pepper on

During Virginia's 2023 legislative session, a number of changes impacting employment law were passed and signed into law by Governor Glenn Youngkin. Those laws will become effective July 1. The following briefly describes...more

ArentFox Schiff

Virginia Bans Non-Disclosure, Confidentiality, and Non-Disparagement Clauses Related to Sexual Harassment Claims in Employment...

ArentFox Schiff on

This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia. As previously reported, Governor Glenn Youngkin signed into law Senate Bill 1086, which requires covered employees to provide...more

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

Williams Mullen on

On March 26, 2023, Governor Glenn Youngkin signed HB 1895 into law which will amend Virginia Code § 40.1-28.1, entitled, “Nondisclosure or confidentiality agreement; provisions regarding sexual assault; condition of...more

Littler

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

Littler on

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes...more

Genova Burns LLC

Practical Considerations On The Speak Out Act

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On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

Holland & Hart - Employers' Lawyers

End of Year Federal Employment Law Update: 2022

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more

Parker Poe Adams & Bernstein LLP

New Legislation Limits Use of Confidentiality Agreements to Prevent Discussion of Sexual Harassment

On November 16, 2022, Congress passed the Speak Out Act, which garnered bipartisan support in both the House and the Senate. President Biden signed the legislation on Wednesday, December 7, 2022....more

Kramer Levin Naftalis & Frankel LLP

The Speak Out Act – New Law Implements Limits on Confidentiality and Nondisparagement Provisions

On Nov. 16, 2022, the House passed the “Speak Out Act,” which President Biden is expected to sign into law. The Act limits the enforceability of pre-dispute nondisclosure and non disparagement provisions relating to disputes...more

Smith Debnam Narron Drake Saintsing & Myers,...

Use of Pre-Dispute Confidentiality Provisions Regarding Sexual Harassment Will Soon Fall by the Wayside

In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault...more

Fisher Phillips

Congress Voids Sexual Harassment NDAs: 10 Things Employers Need to Know

Fisher Phillips on

Congress just passed a law Wednesday that will prevent employers from forcing victims of sexual harassment and assault to remain quiet in response to alleged abuse, requiring some businesses to alter their business practices...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

BakerHostetler

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

BakerHostetler on

​​​​​​​For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more

Payne & Fears

Key California Employment Law Cases: November 2020

Payne & Fears on

Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Epstein Becker & Green

#WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we have updates on a range of new laws taking effect in New York City, California, and Oregon. NYC Amends Sick Leave Law to Match State Law New York City recently amended its...more

Davis Wright Tremaine LLP

OWFA Requires New Policies and Practices for All Oregon Employers Starting October 1

Every employer with at least one Oregon employee must comply with the Oregon Workplace Fairness Act (OWFA) as of October 1, 2020. New requirements include: (1) Enacting a new written anti-discrimination policy containing...more

JAMS

The New Provisions in Title IX Regulations - Taking the Right Steps for a Successful Informal Resolution

JAMS on

As a parent of college students, a mediator and a Title IX hearing officer, I am optimistic about the new provisions of the Title IX regulations concerning informal resolution. We do not know whether schools will embrace the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New...more

Morgan Lewis

EHRC Issues Guidance on Workplace Harassment and Sexual Harassment

Morgan Lewis on

The UK’s Equality and Human Rights Commission (EHRC) has issued technical guidance setting out a detailed explanation of the law relating to harassment and sexual harassment, and offering employers practical recommendations...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

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