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Confidentiality Agreements Settlement Agreements

Littler

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

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Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit...more

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

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Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Kramer Levin Naftalis & Frankel LLP

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Troutman Pepper

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

Troutman Pepper on

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

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

Jones Day on

On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

Proskauer - The Capital Commitment

Words Matter: Three Key Steps to Mitigate SEC Enforcement Risks Relating to Whistleblower Carveout Language

Since 2015, the SEC has brought nearly two dozen enforcement actions for violations of the whistleblower protection rules under Rule 21F-17(a) against employers for actions taken to impede reporting to the SEC. The bulk of...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

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....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

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

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Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

BakerHostetler

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

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​​​​​​​For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more

Seyfarth Shaw LLP

House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

Seyfarth Shaw LLP on

Seyfarth Synopsis: Last week, in connection with a House Oversight hearing, Representative Carolyn Maloney (D-N.Y.) introduced legislation to restrict confidentiality provisions from covering claims of discrimination,...more

Morrison & Foerster LLP - Class Dismissed

Confidentiality At Risk: California Legislature Considers Bill That Would Limit Scope Of Confidentiality In Product Liability And...

California lawmakers are considering a bill that would limit confidentiality in cases involving allegations of defective products or environmental harms by placing restrictions on protective orders and confidentiality terms...more

Weintraub Tobin

California Employment News: The Erosion of Confidentiality Clauses in Settlement Agreements

Weintraub Tobin on

In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the erosion of confidentiality clauses in settlement agreements, and what employers can do about it. ...more

Epstein Becker & Green

#WorkforceWednesday: NLRB Outlook, NY Whistleblower Protections Take Effect, DOJ to Focus on Cyber-Fraud - Employment Law This...

This week, we’re focusing on what employers can expect from the National Labor Relations Board (NLRB) in 2022. The Biden NLRB: What to Expect in 2022 (see video attached) The NLRB is headed in a new direction this year...more

Foley & Lardner LLP

A Review of Recent Whistleblower Developments

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Whistleblower Developments is a periodic report covering significant cases, decisions, proposals, and legislation related to whistleblower statutes and how they may impact your business. Recent developments include: ...more

CDF Labor Law LLP

California’s New Restrictions on Severance Agreements, Non-Disparagement and Confidentiality Agreements

CDF Labor Law LLP on

On October 7, 2021, Governor Newsom enacted SB 331 to put up additional restrictions on employers offering severance agreements and settling claims alleging harassment, discrimination or retaliation based on purported...more

Zelle  LLP

Don't Let Lies Infiltrate The Mediation Process

Zelle LLP on

Mediation is quickly becoming an even more important form of adjudication as courts have been significantly impacted by the COVID-19 pandemic. With the second surge in reported cases, courts across the nation have been...more

Davis Wright Tremaine LLP

OWFA Requires New Policies and Practices for All Oregon Employers Starting October 1

Every employer with at least one Oregon employee must comply with the Oregon Workplace Fairness Act (OWFA) as of October 1, 2020. New requirements include: (1) Enacting a new written anti-discrimination policy containing...more

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

The Who, What, and When on Illinois Employment Agreements Under the Workplace Transparency Act

The Illinois Workplace Transparency Act (WTA) (Public Act 101-0221) is designed to protect employees, consultants, and contractors who truthfully report alleged unlawful discrimination and harassment or criminal conduct in...more

Seyfarth Shaw LLP

Second Circuit: No Court Review Needed for FLSA Settlements by Offer of Judgment

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Seyfarth Synopsis: The Second Circuit held that FLSA settlements pursuant to Rule 68 Offers of Judgment do not require judicial approval.  The Court distinguished such settlements from Rule 41 stipulated dismissals, which...more

A&O Shearman

CFTC Settlement In Kraft Unwound Due To Ineffectuality Of Confidentiality Provisions, Setting Up Possible Key Legal Rulings On...

A&O Shearman on

On October 23, 2019, Judge John Robert Blakey of the United States District Court for the Northern District of Illinois vacated the $16 million settlement consent order between the U.S. Commodity Futures Trading Commission...more

BCLP

NDAs: The EHRC calls for employers to make important changes to their practices with settlement agreements

BCLP on

The Equality and Human Rights Commission has issued guidance on the use of confidentiality provisions in discrimination cases. The guidance, if followed in its entirety, would mean employers significantly changing the way...more

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