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Non-Disparagement Provisions Non-Disclosure Agreement

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

Foley & Lardner LLP on

Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

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,...

Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

Foley & Lardner LLP on

On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

Goldberg Segalla

New York State Employment Law Update (Part 3)

Goldberg Segalla on

Key Takeaways - New York codifies employee intellectual property rights New York prohibits liquidated damages provisions in certain non-disclosure agreements New York prohibits employers from requesting access to...more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

Paul Hastings LLP on

On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

Mintz - Employment Viewpoints

Key Changes & Updates to Employment Agreements: What Maryland and Virginia Employers Need to Know

Employers in Maryland and Virginia should be aware of new laws that affect non-compete, confidentiality, non-disclosure, and non-disparagement provisions in pre-dispute agreements that are provided to employees at the onset...more

Orrick, Herrington & Sutcliffe LLP

Colorado Enacts the POWR Act

Colorado’s POWR Act went into effect on August 7, 2023, significantly increasing employer obligations to prevent and address harassment and discrimination in the workplace. Companies with Colorado-based employees should act...more

Epstein Becker & Green

Rhode Island’s 2023 Legislative Session Ends with the Passage and Defeat of Significant Employment Proposals

Epstein Becker & Green on

Summer in the Ocean State brings with it familiar novelties: the beach, clam cakes, and the end of the General Assembly’s legislative session. In this Insight, we summarize three employment-related bills that Rhode Island...more

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

Rhode Island Governor Signs Ban on Nondisclosure, Non-Disparagement Agreements

Rhode Island Governor Daniel McKee has signed a bill that prohibits the use of nondisclosure or non-disparagement agreements regarding civil rights abuses “as a condition of employment.” According to a recent update to the...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

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

Holland & Hart LLP

Shifting Landscape: New Laws Significantly Impact Colorado Employers

Holland & Hart LLP on

During this legislative session, Colorado enacted more protections for employees in the workplace, including redefining what constitutes unlawful harassment, restricting confidentiality agreements, expanding the ability to...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

Holland & Hart - Employers' Lawyers

Update on Colorado Legislature’s Employment Bills

Colorado’s 74th General Assembly convened the First Regular Session on January 9, 2023. As expected, there has been continued focus on labor and employment, with some particularly surprising proposals (not all of which have...more

ArentFox Schiff

DC Circuit Rules Non-Disparagement “Directives” to Executives in Separation Agreements Could Bind Employers

ArentFox Schiff on

In a case that should make employers rethink how they draft non-disparagement clauses, a panel of the DC Circuit ruled in a split decision that a provision that required a non-profit simply to “direct” certain executives not...more

Society of Corporate Compliance and Ethics...

Non-Compete Agreements: An Endangered Species?

Non-compete agreements may soon be going the way of the dodo. The FTC just concluded its public comment period for its plan to eliminate them in most cases, and new rules are expected to be released later this year. Already,...more

Constangy, Brooks, Smith & Prophete, LLP

Not half bad: New Virginia employment laws to take effect July 1

The Virginia General Assembly has ended its 2023 legislative session, and it was a quieter year than some in the past. The new legislation that has been signed into law by Gov. Glenn Youngkin (R) and that affects employers is...more

ArentFox Schiff

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

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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

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