News & Analysis as of

Non-Disclosure Agreement Non-Disparagement Provisions Employment Contract

Morgan Lewis

New Jersey Supreme Court Decision Requires Review of Non-Disparagement Agreements

Morgan Lewis on

On May 7, 2024, the New Jersey Supreme Court ruled that non-disparagement provisions precluding discussion of discrimination, retaliation, or harassment claims are unenforceable. We delve into the Court’s reasoning, as well...more

Goldberg Segalla

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

Goldberg Segalla on

Laws have been enacted throughout the United States in the wake of the #MeToo movement which have served to erode the confidentially and non-disparagement protections that settlement agreements typically provide employers....more

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

Rhode Island Nondisclosure Agreements Bill Moves to Governor; Senate Passes New Noncompete Ban

The Rhode Island legislature recently moved two bills forward that would limit employers’ use of restrictive covenants with employees. On June 19, 2023, the Rhode Island House of Representatives passed a bill, Senate Bill (S)...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

FordHarrison on

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...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

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

The Speak Out Act: Key Points You Need to Know

Verrill on

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...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

Lathrop GPM

New #MeToo Law Targets NDAs

Lathrop GPM on

Employers should be aware of recent updates regarding two #MeToo-related federal laws: the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act....more

Ruder Ware

New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace!

Ruder Ware on

The Speak Out Act (“Act”) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment...more

Morgan, Brown & Joy, LLP

President Biden Signs the “Speak Out Act” – Prohibiting Employers from Enforcing Pre-dispute Nondisclosure and Nondisparagement...

Morgan, Brown & Joy, LLP on

On December 7, 2022, just nine months after signing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, President Biden signed the Speak Out Act (the “Act”). President Biden’s signature on the Speak Out...more

Hogan Lovells

The Speak Out Act may require updates to pre-dispute employment agreements

Hogan Lovells on

President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

Littler

Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak...

Littler on

Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will...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

Akerman LLP - HR Defense

Silenced No More: The Speak Out Act Set To Curb Nondisclosure Agreements For Victims Of Sexual Misconduct

Akerman LLP - HR Defense on

Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a...more

Littler

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Littler on

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...more

Fisher Phillips

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

Fisher Phillips on

Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more

Epstein Becker & Green

Congress Passes the Speak Out Act

Epstein Becker & Green on

[UPDATE: On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. This bipartisan legislation, passed by the U.S. Senate on September 29, 2022 and by the House of Representatives on November 16,...more

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

Beltway Buzz - November 2022 #2

118th Congress Takes Shape. The Buzz certainly didn’t think we’d still be dissecting the results of the 2022 midterms ten days after Election Day, but here we are....more

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

Nondisclosure and Nondisparagement Agreements in Sexual Harassment and Assault Cases: Speak Out Act Heads to President’s Desk

On November 16, 2022, the U.S. Congress passed a bill that would limit enforceability of nondisclosure and nondisparagement provisions in pre-dispute agreements with employees and independent contractors relating to sexual...more

Lasher Holzapfel Sperry & Ebberson PLLC

Employment Law Alert: Silenced No More Act

Washington now prohibits nondisclosure and nondisparagement agreements between employers and employees relating to certain illegal conduct. The Silenced No More Act was signed into law this spring and makes void and...more

Foster Garvey PC

Washington’s “Silenced No More Act” Limits Use of Nondisclosure and Nondisparagement Agreements

Foster Garvey PC on

As of June 9, 2022, Washington State’s Silenced No More Act (the “Act”) took effect. The Act affects all employers entering into employment and settlement agreements with Washington employees, limiting the topics that can be...more

Stark & Stark

Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law

Stark & Stark on

Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. ...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

Saiber LLC on

Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

41 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide