News & Analysis as of

Settlement Non-Disparagement Provisions

Flaster Greenberg PC

ARE YOU TALKING TO ME? New Jersey imposes further limits on non-disparagement clauses.

Flaster Greenberg PC on

The Supreme Court of New Jersey has just made it even harder for employers to prevent harmful comments from employees and former employees. Specifically, non-disparagement clauses have been the primary tool employers use to...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

Foley & Lardner LLP

Speak Out Act Speaks (But Not Dramatically)

Foley & Lardner LLP on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act prohibits pre-dispute agreements not to disclose sexual harassment and assault allegations....more

Mintz - Employment Viewpoints

Newly Enacted Federal “Speak Out Act” Limits Use of Some Sexual Harassment NDAs

President Biden has signed into law the federal “Speak Out Act” limiting the enforceability of pre–dispute non-disclosure and non-disparagement clauses covering sexual assault and sexual harassment disputes. The Act takes...more

Foley & Lardner LLP

Several States have Enacted Broad Ban on Non-disclosure Agreements

Foley & Lardner LLP on

When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more

Fox Rothschild LLP

Be Careful When Submitting FLSA Settlement Documents To The Court: Confidentiality And General Release Clauses Are Taboo!

Fox Rothschild LLP on

I have settled numerous FLSA cases and note that there are many elements that management-side lawyers always want to see in such a document. One is a confidentiality provision as we do not want the employee “shooting his...more

BCLP

The Tax Cuts and Jobs Act Impacts Settlements of Sexual Harassment and Abuse Claims

BCLP on

The recently enacted Tax Cuts and Jobs Act eliminated a business expense deduction for settlements of sexual harassment and sexual abuse claims that are subject to confidentiality restrictions. Specifically, a “settlement or...more

Franczek P.C.

The NLRB’s New Target: FLSA Settlement Agreements

Franczek P.C. on

The National Labor Relations Board (“NLRB” or the “Board”) has once again weighed in on employer use of confidentiality and non-disparagement language, this time in the settlement arena. Recently, the NLRB withheld its...more

Constangy, Brooks, Smith & Prophete, LLP

Is It “Disparaging” To Say “Karma Is A Bi**H”?

Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement....more

Morrison & Foerster LLP

Activists Increasingly Seek a “Second Bite at the Apple”

Morrison & Foerster LLP on

In recent proxy seasons we have noticed an increase in the frequency of “second bite” proxy contests. These situations can take various forms, including (i) a second proxy contest by an activist that reached a settlement with...more

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