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Employee Releases

Fisher Phillips

The Clock is Ticking on TikTok – How Employers Can Prepare for TikTok Ban

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Employers and businesses are in limbo on how to prepare for a post-TikTok world after Congress passed legislation giving the social media app’s Chinese owner nine months to either sell the company or be banned throughout the...more

Williams Mullen

More Attacks on Employee Separation Agreements; Now the SEC Joins the Fray

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In early September, the Securities and Exchange Commission (“SEC” or “Commission”) settled a charge it brought against Monolith Resources, LLC, a Nebraska-based energy and technology company. The SEC claimed in the charge...more

Hogan Lovells

Is a decision taken by the board that a restructure is to occur manifestly unfair?

Hogan Lovells on

This question arises frequently in practice. In October 2018 the Labour Appeal Court had occasion to consider the issue in the matter of South Africa Commercial Catering and Allied Workers Union (SACCAWU) obo Members v JDG...more

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

Please Release Me: New California Civil Code Section 1542 Release Language Effective January 1, 2019

Given the litigious environment in California, employers operating in the state are in great need of enforceable general release terms in severance and settlement agreements. California employers entering into severance or...more

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

Wisconsin Employee May Prosecute WFEA Claims Against Employer Despite Valid Waiver and Release of Claims

The Wisconsin Labor and Industry Review Commission recently issued a highly controversial decision, Xu v. Epic Systems, Inc., holding that (1) an employee cannot waive the right to file a discrimination complaint against her...more

Goodwin

SEC Enforcement Expands Scope of Prohibited Provisions in Employment-Related Agreements

Goodwin on

Summary - The U.S. Securities and Exchange Commission (SEC) announced its second significant enforcement action against an employer based on confidentiality and release provisions that the SEC asserts will discourage...more

Parker Poe Adams & Bernstein LLP

NLRB Says Agreement's Failure to Advise Employee of Right to File Claims with Board Violates Federal Labor Law

Over the past several years, the Equal Employment Opportunity Commission has sued several employers, claiming that their failure to explicitly advise employees that releases provided in conjunction with severance benefits...more

Parker Poe Adams & Bernstein LLP

North Carolina Federal Court Says State Wage Payment Claims Cannot Be Waived Through Private Release

The Fourth Circuit Court of Appeals (which includes North Carolina and South Carolina) is among the minority of federal appellate circuits that restricts the ability of employers and employees to release claims for unpaid...more

McGuireWoods LLP

Mitigating FCA Whistleblower Risk When Employees Leave

McGuireWoods LLP on

Over the past decade, efforts to enforce health care fraud regulations have been bolstered significantly with increased government funding and a dramatic increase in whistleblower claims filed under the False Claims Act’s qui...more

Zelle  LLP

What GCs Need to Know About Settling Employment Claims

Zelle LLP on

As we noted in a recent post on another topic, most of the lawyers we know who serve as general counsel are stretched pretty thin. It’s just not possible for them to become expert in all the areas of law they encounter....more

WilmerHale

Downsizing and Firing Employees in California

WilmerHale on

Most companies will eventually face the unpleasant task of terminating an employee or group of employees. When they do, it’s critical that they follow best practices and comply with applicable laws for many reasons, ranging...more

Foley & Lardner LLP

EEOC Must Conciliate, But Still Few Answers Regarding Routine Separation Agreement Provisions

Foley & Lardner LLP on

In February 2014, the EEOC sent waves through employer communities when it filed a lawsuit against a national retail pharmacy contending some of the company’s separation agreement provisions — which many considered “standard”...more

Foley & Lardner LLP

Don't Be a Punchline in a B-Horror Movie: When Entering into Settlement Agreements, Make Sure the Claims are Really Dead and...

Foley & Lardner LLP on

(Spoiler alert) The 1958 cult classic “The Blob”, starring a 28-year-old Steve McQueen, ends with the villainous mass incapacitated, frozen, and dropped into the Arctic Ocean. It seems that humanity is saved. However, just...more

Pullman & Comley - Labor, Employment and...

Employee Separation Agreements – A Refresher

There is one conversation I have with my clients who are employers more frequently than any other. It’s the one that begins, “We’ve decided to let so-and-so go. Do we have to have an agreement of some kind?” Here is what you...more

Manatt, Phelps & Phillips, LLP

Employment Law - September 2015

From the California Legislature: New Employment Laws, Bills Set for Signature: Why it matters - The California Legislature has been busy with employment-related bills, passing measures to provide additional...more

Mintz - Employment, Labor & Benefits...

Federal Court Stops the EEOC’s Assault on CVS’s Severance Agreement

A federal court has tossed the EEOC’s controversial lawsuit against CVS seeking to invalidate its severance agreements. While the EEOC still has a similar lawsuit pending against another company in Colorado, employers can...more

Pillsbury Winthrop Shaw Pittman LLP

EEOC Takes Aim at Employee Releases That Bar Assisting Others With Their Own EEOC Charges

Employers have routinely asked employees who sign separation or settlement agreements to agree that they will not encourage or assist other employees in filing lawsuits or charges, subject to the caveat that the employee may...more

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