News & Analysis as of September 23, 2024

Hiring & Firing › Separation 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 -

Three Key Considerations in Crafting Effective Multistate Separation Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

New Year, New Severance and Settlement Agreement Rules for New York

Polsinelli on 1/12/2024

With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

A Mixed Bag for Employers: New York Revises Requirements for Confidentiality Provisions in Employee Separation Agreements

Troutman Pepper on 12/6/2023

Q: I heard New York amended the law on nondisclosure provisions in employee settlement agreements. What do I need to know?...more

Employment Separation: A Compliance Centric Approach

Thomas Fox - Compliance Evangelist on 10/2/2023

Welcome back to our blog series on building a more effective compliance program! In today’s episode, we dive into the challenges compliance professionals face when dealing with employment separation, layoffs, and managing...more

Employers Beware: SEC Targets Employment Agreements Under Whistleblower Protection Rules

Epstein Becker & Green on 9/20/2023

Less than two weeks after it last penalized a private employer for alleged violations of whistleblower protection rules in its employee separation agreements, the Security and Exchange Commission (“SEC”) once again takes aim...more

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

Carlton Fields on 7/26/2023

In Lynch v. Tesla Inc., the Fifth Circuit Court of Appeals affirmed a district court order adopting a magistrate judge’s recommendation that the plaintiffs’ lawsuit should be dismissed in favor of arbitration. The plaintiffs...more

[Webinar] Managing Your Workforce During Market Volatility: Separations, Arbitration, Leaves and Accommodations - June 28th, 1:00...

McDermott Will & Emery on 6/19/2023

Employers are facing new and evolving pressures as they navigate economic uncertainty. This leads to questions and concerns about managing their workforces with minimal disruption and in a way that mitigates risk from...more

5 Questions: Effective Communication Strategies During a Reduction in Force

Fisher Phillips on 6/12/2023

You may have recently made the difficult decision to reduce your workforce, and you still have some tough choices ahead regarding how to handle the details. Perhaps the most important decisions will involve how you chose to...more

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

Parker Poe Adams & Bernstein LLP on 4/26/2023

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

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

FordHarrison on 3/31/2023

On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

Miles & Stockbridge P.C. on 3/1/2023

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Second Circuit Affirms Dismissal Based on Separation Agreement

Manatt, Phelps & Phillips, LLP on 12/21/2022

The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury....more

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

Sheppard Mullin Richter & Hampton LLP on 11/11/2022

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...more

Colorado Employers - Get Ready for a Wave of New Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/11/2022

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

Washington Update: Employee Confidentiality Limitations Further Narrowed

Miller Nash LLP on 3/31/2022

Since 2018, Washington has prohibited employers from asking employees to sign agreements as a condition of employment that require the employee to keep confidential allegations of sexual assault or sexual harassment....more

Can a Robot Tell You That an Employee is About to Quit? The Use of People Analytics to Prevent Trade Secret Theft

Fisher Phillips on 3/2/2022

How do you predict when an employee is about to leave your company? Many people say that experience, personal knowledge of the specific person, and “gut feel” can forecast when someone may leave. But what if – rather than...more

How to Have a Smooth Separation of Employment—Unlike Tom Brady

FordHarrison on 2/9/2022

On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days...more

[Webinar] California Employment Law Update: What Employers Need to Know in 2022 - February 3rd, 11:00 am - 12:00 pm PT

Nossaman LLP on 1/10/2022

Please join our Employment Group on February 3, 2022 from 11:00 a.m. to 12:00 p.m. PT for a webinar covering significant new employment legislation in California, as well as case law developments and evolving COVID-19...more

New California Employment Laws in 2022

Farella Braun + Martel LLP on 12/7/2021

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

What Happens in the Workplace No Longer Stays in the Workplace: California SB-331’s New Restrictions against Confidentiality...

Blank Rome LLP on 10/14/2021

On October 7, 2021, California Governor Newsom signed SB-331, also known as the “Silenced No More Act.” The Act substantially restricts the right of employers to include confidentiality provisions in separation agreements...more

Increased Scrutiny Surrounding Noncompete Agreements During the Pandemic

Gray Reed on 9/14/2021

Since the current economic downturn began in February 2020 as a result of the COVID-19 pandemic, noncompete agreements have become increasingly scrutinized nationwide, and courts have become more reluctant to enforce them. ...more

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Hiring & Firing › Separation Agreement

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