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Confidentiality clauses in employment contracts typically aim to protect an employer’s confidential information, but there are limitations on the extent to which they can restrict whistleblowing activities....more
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
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
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
New York State recently enacted two new employment law bills. The first law extends the statute of limitations for claims of discriminatory practices under the New York State Human Rights Law. The second law expands...more
New York State recently enacted laws to further restrict the use of nondisclosure agreements in connection with resolution of employment discrimination, harassment, and retaliation claims and extend the statute of limitations...more
This spring Gov. Kathy Hochul (D) has signed into law three bills that amend the New York State Human Rights Law: •Retaliation. Senate Bill S.5870 expands the definition of retaliation under the NYSHRL. Retaliation is now...more
Signed into law on October 7, 2021 by California Governor Gavin Newsom and effective January 1, 2022, the “Silenced No More Act” amends and expands the previous Stand Together Against Non-Disclosures (STAND) Act. The...more
As 2021 quickly comes to a close, we look back at this year’s legislative session, which included several employment-related bills signed by Governor Gavin Newsom, including bills aimed at prohibiting quotas that interfere...more
On October 7, 2021, Governor Newsom signed the Silenced No More Act (SB-331), which expands existing restrictions on the use of non-disclosure agreements (NDAs) in settlement agreements based on claims of workplace...more
Whistleblowers perform an essential public service in keeping companies and government honest. Unfortunately, in revealing misconduct or illegal acts, they also put themselves at risk of retaliation for the role they play....more
Below are summaries of recent laws adopted in Washington State that could be interpreted as relating to the #MeToo movement. Some of them directly address sexual harassment and sexual assault; others are directed at providing...more
We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...more
SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW - We include the 2018 chapter in its entirety for reference following the 2019 update. 2019 Update - In the wake the of the #MeToo...more
Illinois recently enacted sweeping legislation in an effort to combat sexual harassment in the workplace. Illinois Senate Bill 75 created the Workplace Transparency Act, amended the Illinois Human Rights Act and the Victims’...more
New York continues to expand its protection of employees in the workplace with a series of laws significantly increasing the responsibilities and potential liability of New York employers. New York State has enacted...more
On August 9, 2019, Illinois Governor J.B. Pritzker signed into law a sweeping piece of legislation, SB 75, enacted as Public Act 101-0221 (“SB 75”). Among other measures, SB 75 (i) imposes a sexual harassment training...more
The New York Legislature on June 19, 2019 unanimously passed expansive new protections for protected classes and special protections for employees who have been sexually harassed through a new bill — S.6577. According to its...more
Recent #MeToo-inspired media attention to workplace sexual harassment claims has caused a number of states to pass employee-friendly legislation intended to help prevent such conduct. ...more
Employers in New Jersey will need to immediately adjust their employment contracts and settlement agreements to come into compliance with a sweeping new law that just took effect. New Jersey’s governor just signed Senate Bill...more
New Jersey continues to rewrite the employment law landscape under Governor Phil Murphy. On March 18, 2019, the state amended the New Jersey Law Against Discrimination (NJLAD) in two significant ways....more
On September 30, 2018, California Governor Edmund J. Brown, Jr. signed into law eight new bills involving gender and sexual harassment training and related issues. ...more
This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more
Early on Saturday, March 31, 2018, the New York State Legislature passed a budget bill that includes several changes and additions to workplace sexual harassment law. Governor Andrew Cuomo applauded the measure as the...more
Last week, Governor Inslee signed several pieces of important legislation that will impact Washington employers. We have seen significant media coverage in recent years about the gender wage gap and how women are still paid...more