News & Analysis as of

Employment Contract Confidentiality Agreements Non-Disparagement Provisions

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Epstein Becker & Green

Getting a Grip on Griping

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Almost a decade ago, in September 2014, California was the first state in the nation to enact legislation prohibiting non-disparagement clauses that aimed to prevent consumers from writing negative reviews of a business....more

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

BakerHostetler on

Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...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

Miles & Stockbridge P.C.

Highlights from the 2023 Hot Topics in Employment Law Seminar

Miles & Stockbridge’s Labor, Employment, Benefits & Immigration Practice Group presented its 21st annual Hot Topics in Employment Law seminar April 25 to clients from throughout Maryland and beyond. Topics covered included...more

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

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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

White & Case LLP

NLRB Requires Changes to Employee Severance and Other Agreements

White & Case LLP on

Earlier this year, the National Labor Relations Board ("NLRB") issued its decision and order in McLaren Macomb, 372 NLRB No. 58 (February 21, 2023), holding that certain confidentiality and non-disparagement provisions...more

Parker Poe Adams & Bernstein LLP

[Webinar] Are Big Changes for Employers on the Horizon? - May 24th, 10:00 am - 11:00 am EDT

2023 has already seen a number of major developments for employers in the areas of noncompetition agreements, terms of settlements and separations with employees, and more. Additionally, the U.S. Supreme Court is set to rule...more

Nelson Mullins Riley & Scarborough LLP

NLRB General Counsel Issues Guidance on Severance Agreement Restrictions following McLaren Macomb

On March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued Memorandum GC 23-05 (the “Memorandum”) offering guidance to Regional Directors for interpreting the National Labor Relations Board’s (the “NLRB” and the “Board”)...more

Wyrick Robbins Yates & Ponton LLP

NLRB Questions Confidentiality and Nondisparagement Provisions in Separation Agreements

Employers terminating employees frequently offer severance payments in exchange for the employees’ entry into a separation agreement.  Generally these separation agreements include a release of claims along with other...more

Dickinson Wright

NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements

Dickinson Wright on

In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in...more

Manatt, Phelps & Phillips, LLP

NLRB: Confidentiality, Non-Disparagement Provisions Violate NLRA

Offering an employee a severance agreement that includes confidentiality and non-disparagement provisions runs afoul of Section 8(a)(1) of the National Labor Relations Act (NLRA), a divided National Labor Relations Bureau...more

Stinson LLP

NLRB Ruling Renders Routine Confidentiality and Non-Disparagement Provision Unlawful

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Once again, the pendulum has swung, and this time, the National Labor Relations Board (NLRB or Board) has reversed Trump-era rulings that granted broad flexibility to employers in severance agreements. On Tuesday, the Board...more

Lathrop GPM

NLRB Finds Confidentiality and Non-disparagement Provisions in Separation Agreement to be Unlawful...Are Handbook Policies Next?

Lathrop GPM on

A National Labor Relations Board (the Board) decision issued this week served notice on employers that they need to carefully consider the use of confidentiality and non-disparagement provisions in any employment-related...more

Chartwell Law

NLRB Deals Another Blow to Employers

Chartwell Law on

On January 5, 2023, the FTC proposed a rule banning, with limited exceptions, the use of non-compete clauses in employment contracts. Six weeks later, the National Labor Relations Board (the “Board”) issued a decision further...more

Verrill

Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

Verrill on

In late 2022, a new Maine law took effect restricting the use and reach of nondisclosure provisions in Maine employment agreements. The new law, Nondisclosure Agreements in Employment, 26 M.R.S. § 599-C, is one of the most...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

Nelson Mullins Riley & Scarborough LLP

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

CDF Labor Law LLP

California’s New Restrictions on Severance Agreements, Non-Disparagement and Confidentiality Agreements

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On October 7, 2021, Governor Newsom enacted SB 331 to put up additional restrictions on employers offering severance agreements and settling claims alleging harassment, discrimination or retaliation based on purported...more

Saiber LLC

SDNY Rules that Trump Campaign Non-Disclosure is too Broad to Enforce

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In another strike against restrictive covenants in employment contracts, Judge Paul G. Gardephe of the Southern District of New York ruled in Jessica Denson v. Donald J. Trump For President, Inc. that the non-disclosure and...more

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

Pierce Atwood LLP on

Suppose you are in-house counsel for a construction company. Your Guaranteed Maximum Price (“GMP”) is blown and the Owner has refused to execute any change orders during the Project. You know you are heading towards a claim....more

Proskauer - Law and the Workplace

Proskauer Delivers Webinar on Settling Employment Claims

On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas...more

Pillsbury Winthrop Shaw Pittman LLP

SEC Continues Crackdown on Employer Whistleblower Restrictions

Takeaways: - SEC is targeting contract terms that appear to restrict contact with the SEC or require employee whistleblowers to waive monetary recoveries. - Express disclosure of these rights in severance...more

Snell & Wilmer

The SEC Continues to Impose Fines and Other Penalties on Companies Based Solely on the Content of Their Standard Corporate...

Snell & Wilmer on

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

Seyfarth Shaw LLP

D.C. Circuit Upholds NLRB Finding that Employment Agreement’s Confidentiality and Non-Disparagement Provisions Violated the NLRA

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Seyfarth Synopsis: The U.S. Court of Appeals for the D.C. Circuit recently denied Quicken Loans, Inc.’s petition for review of an NLRB decision finding that confidentiality and non-disparagement provisions in the company’s...more

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