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Restrictive Covenants Non-Disparagement Provisions

Adams and Reese LLP

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

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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

Kilpatrick

5 Key Takeaways - Employment Law Update: What You Need to Know Now and Next

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On November 30, Counsel Brodie Erwin and Associate Sarah Spangenburg presented “Employment Law Update: What You Need to Know Now and Next” during Kilpatrick’s Raleigh In-House Counsel Summit. The presentation provided insight...more

Kohrman Jackson & Krantz LLP

NLRB Makes Good on Its Promise to Challenge Non-Competes

In her Memorandum issued on May 30, 2023, General Counsel Abruzzo announced her belief that non-competes should be discouraged, if not outright prohibited, as they chill employees’ rights to concerted activity in violation of...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

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

Venable LLP

McLaren Macomb Follow-up: NLRB General Counsel Issues Guidance for Confidentiality and Non-Disparagement Clauses in Severance...

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Two months ago, the National Labor Relations Board (the Board) changed the rules for confidentiality and non-disparagement clauses in severance agreements. In McLaren Macomb, 372 NLRB No. 58 (2023), which we previously wrote...more

Kelley Drye & Warren LLP

Employment Laws Shaping 2023

2023 is in full swing. While everyone is abuzz about ChatGPT taking over the world, a newly divided Congress is finding its sea legs and state capitols are eyeing new regulations. Agencies and courts have taken up hot-button...more

Miles & Stockbridge P.C.

NLRB’s General Counsel Offers More Guidance on Non-Disparagement Decision

The NLRB’s decision last month in McLaren Macomb, holding that the mere proffer of a severance agreement containing a broad confidentiality or non-disparagement clause violates federal law, left many employers questioning...more

Benesch

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

Benesch on

As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more

Miller Canfield

NLRB: Confidentiality and Non-Disparagement Provisions are Unlawful

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In a ruling that will impact both union and non-union employees, the National Labor Relations Board (“NLRB”) held that standard non-disparagement and confidentiality provisions contained in a severance agreement were invalid...more

Lathrop GPM

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

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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

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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

Genova Burns LLC

Practical Considerations On The Speak Out Act

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On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

Troutman Pepper

Biden’s “Speak Out Act” Bars Use of Nondisclosure and Nondisparagement Agreements to Restrict Sexual Harassment and Sexual Assault...

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Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?...more

FordHarrison

Washington State's New Law on NDAs and Settlement Agreements

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On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and...more

Nelson Mullins Riley & Scarborough LLP

New Washington Law Bans Nondisclosure and Nondisparagement Provisions and Applies Retroactively

On March 24, 2022, Washington Governor Jay Inslee signed into law ESHB 1795, which generally prohibits nondisclosure and nondisparagement provisions in agreements between employers and employees.  The law, which applies to...more

Holland & Knight LLP

New California Labor and Employment Laws for 2022

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The California Legislature has enacted several new laws that will impact the workplace in 2022. This Holland & Knight alert provides a brief summary of select employment laws that went into effect on Jan. 1, 2022, unless...more

Saiber LLC

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

Saiber LLC on

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

Seyfarth Shaw LLP

Preventing the “Face” of Your Company from Doing an About-Face for a Competitor

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We previously wrote about whether Peloton instructors are (or should be) subject to non-compete agreements owing to their prominent role as the “face” of the company. ...more

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

Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but...more

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

Maine Legislature Takes Aim at Nondisclosure Agreements

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hiring? Being Hired? Uncovering the Fine Print.

Clauses in employment contracts may appear benign when a contract is signed, but then later balloon into serious problems. This article will address several of the issues that we see commonly litigated, helping you to...more

Pierce Atwood LLP

Practical Tips on Working with Former Employees Who Are Key Witnesses

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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

SDNY Denies Approval in FLSA Settlement Based In Part on Overly Broad Non-Disparagement Clause

In its November 17, 2017 opinion in Galindo v. East County Louth, Inc. (No. 16 Civ. 9149), the Southern District of New York denied a motion to approve an individual FLSA settlement, including on the ground that the...more

Pullman & Comley - Labor, Employment and...

Employee Separation Agreements – A Refresher, Part Three

My first two posts on this topic have discussed provisions that must – under federal law, specifically the Older Workers Benefit Protection Act – be included in employee separation agreements if the employee’s release of...more

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