News & Analysis as of September 19, 2024

Non-Disclosure Agreement

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Your Non-Compete and Trade Secrets To-Do List for August 2024

Fisher Phillips on 8/5/2024

Courts and lawmakers around the country are constantly refining the laws on non-competition, non-solicitation, and non-disclosure agreements, which means employers need to stay up to speed in order to prevent unfair...more

Confidentiality and Nondisparagement Provisions in Severance Agreements Held Unlawful by the NLRB

Tannenbaum Helpern Syracuse & Hirschtritt LLP on 3/9/2023

The National Labor Relations Board (the “Board”) recently held that that the “mere proffer” of severance agreements with boilerplate type confidentiality and nondisparagement provisions violate the National Labor Relations...more

The NLRB Reverses Course on Severance Agreements: Here’s what Employers Need to Know

Kohrman Jackson & Krantz LLP on 3/3/2023

THE MCLAREN RULING - Just when employers thought the Federal Trade Commission (FTC) proposed rule banning non-competes in employment agreements was confounding, employers are now faced with a new paradigm...more

Board Warns Employers to Pare Back Overbroad Non-Disparagement and Confidentiality Provisions in Severance Agreements

Mintz Edge on 3/2/2023

Severance agreements offered to non-supervisory employees that include broad-based non-disparagement and confidentiality provisions are unlawful according to the National Labor Relations Board. The Board’s decision in...more

NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRA

Perkins Coie on 2/28/2023

Under a newly issued decision by the National Labor Relations Board (NLRB or the Board), “an employer violates Section 8(a)(1) of the [National Labor Relations] Act when it proffers a severance agreement with provisions that...more

NLRB Prohibits the Use of Confidentiality and Non-disparagement Provisions in Severance Agreements

Partridge Snow & Hahn LLP on 2/27/2023

On February 21, 2023, the National Labor Relations Board (“Board”) ruled that an employer violated its employees’ rights under federal law by offering severance agreements that included standard confidentiality and...more

Web Exclusive - September 2018: The Top 13 Labor And Employment Law Stories

Fisher Phillips on 10/11/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Top Ten List – Watch These Ten Key Employment Bills as the California Legislative Year Comes to a Close

Fisher Phillips on 8/2/2018

It’s been a nice summer recess as the California Legislature has been on break, with Members returning to their home districts. But that respite is about to end as the Legislature reconvenes on August 6. There will be a...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

How Weak Are Employee “Nondisclosure Agreements”? The Answer May Make You Gag

Foley & Lardner LLP on 6/1/2017

We live in a world of “leaking” and threats of dire consequences for the leakers. Does an employer have the legal means to prevent disclosure of information acquired during employment? Likewise, can an employer seek legal...more

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

Mintz - Employment Viewpoints on 4/3/2017

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Shaw LLP on 8/3/2016

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

The NLRB takes another cut at non-disclosure agreements.

Fisher Phillips on 3/30/2016

In recent years, the National Labor Relations Board has increased its scrutiny of various employer practices, including those of non-unionized employers. Among the areas of scrutiny have been non-disclosure of confidential...more

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