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Non-Disclosure Agreement 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

Troutman Pepper

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

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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

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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

Holland & Hart LLP

Shifting Landscape: New Laws Significantly Impact Colorado Employers

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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

Verrill

Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

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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

Seyfarth Shaw LLP

House Introduces Legislation Restricting Confidentiality Provisions in Settlement Agreements

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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

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

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

BCLP

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

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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

International Lawyers Network

Sexual Harassment In The Workplace: What US: Washington State Companies Need To Know

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

Dechert LLP

NDA and Confidentiality Provisions in Severance and Other Agreements – What Should Employers be Doing Now?

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The debate continues in the United Kingdom as to how non-disclosure and confidentiality agreements should be regulated to combat their abuse, particularly in cases of harassment and discrimination. In this OnPoint we consider...more

Blank Rome LLP

New Jersey Governor Signs ‘Me Too’ Bill, Potentially Impacting All Employment and Settlement Agreements and Curbing Use of...

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New Jersey Governor Phil Murphy has signed Senate Bill 121. This bill has two primary effects: 1. “A provision in any employment contract [(other than a collective bargaining agreement, which is excepted)] that waives any...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

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Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Payne & Fears

Non-Disclosure Agreements in the World of #MeToo

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The #MeToo movement and recent wave of sexual harassment claims against high-profile indivduals has greatly increased scrutiny of the use of nondisclosure agreements in settlement agreements involving sexual misconduct...more

Benesch

California Court Distinguishes U.S. Supreme Court Ruling Reaffirms PAGA Claims Are Not Subject To Mandatory Arbitration/N.J....

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Last month, a California Court of Appeal reaffirmed that California’s Private Attorney General Act (“PAGA”) is outside the scope of the Federal Arbitration Act (“FAA”) and the Supreme Court’s 2018 opinion in Epic Systems v....more

Proskauer - Law and the Workplace

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more

Farella Braun + Martel LLP

New California Employment Laws Will Require Significant Changes in 2019

California Governor Jerry Brown recently signed into law several bills that will have significant impact on employers’ workplace obligations. Effective January 1, 2019, the new laws will restrict nondisclosure agreements and...more

Jackson Lewis P.C.

New York State Issues Final Guidance Regarding Combating Sexual Harassment In The Workplace

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The State of New York has issued final guidance on combating sexual harassment in the workplace. This includes updated guidance on the mandatory sexual harassment prevention policies and annual employee training applicable to...more

Cozen O'Connor

II-35- The New Sexual Harassment Training/Policy Requirements in New York State and New York City

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This special episode discusses the new sexual harassment training and policy requirements imposed by New York State and New York City (following a brief discussion of a significant development on joint employer liability)....more

Gray Reed

How to Avoid Trumping Non-Disclosure Agreements

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In the summer of 2016 Stormy Sultry aka Peggy Peterson and Dennis Duck aka David Dennison engaged in some alleged hanky-panky....more

Littler

From Settlement Disclosures to Retaliation: A Summary of Sexual Harassment Legislation in 2018

Littler on

After a tumultuous 2017, federal, state, and local governments have spent the start of 2018 reconsidering their approach toward sexual harassment in the workplace. ...more

Whitman Legal Solutions, LLC

Why the Tax Cuts and Jobs Act May Not Always Help Sexual Harassment Victims

...Recently there has been public outrage over learning that a number of powerful individuals and institutions repeatedly had entered into confidential settlements of sexual harassment and sexual abuse claims (I’ll call both...more

Vedder Price

New York State and City Pass Sweeping Anti-Sexual Harassment Laws Amid #MeToo

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Following on the heels of the Time’s Up and #MeToo movements, the New York State Legislature and the New York City Council have passed significant legislation aimed at providing greater protection against workplace sexual...more

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