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Non-Disclosure Agreement Employment Contract Settlement Agreements

Goldberg Segalla

New Jersey Supreme Court Holds that Broad Non-Disparagement Clauses No Longer Permitted

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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

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

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

Littler

Dear Littler: How should employers revise their releases, separation agreements, and settlement agreements in light of the Speak...

Littler on

Dear Littler: Considering the recent passage of the federal Speak Out Act limiting the use of pre-dispute nondisclosure and non-disparagement clauses involving sexual assault and sexual harassment claims, what impact will...more

Kelley Drye & Warren LLP

The Fall of the NDA: Compliance and Litigation Following the Speak Out Act

Kelley Drye & Warren LLP on

In a notable victory for the #MeToo movement, President Biden recently signed the “Speak Out Act” into law. It became effective December 7, 2022. This bipartisan legislation targets and effectively prohibits the use of...more

Foster Garvey PC

Washington’s “Silenced No More Act” Limits Use of Nondisclosure and Nondisparagement Agreements

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As of June 9, 2022, Washington State’s Silenced No More Act (the “Act”) took effect. The Act affects all employers entering into employment and settlement agreements with Washington employees, limiting the topics that can be...more

Stark & Stark

Non-Disparagement Clauses in Employment Contracts Still Valid under New Jersey Law

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Non-disparagement is not the same thing as non-disclosure. It seems simple and straightforward, except when it isn’t. That was the case of Savage v. Township of Neptune. ...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

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Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

FordHarrison

Washington State's New Law on NDAs and Settlement Agreements

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On March 24, 2022, Washington State Governor Jay Inslee signed into law the “Silenced No More Act,” which becomes effective June 9, 2022 (“Effective Date”). The Act prohibits agreements containing non-disclosure and...more

Davis Wright Tremaine LLP

"Silenced No More"—Sweeping New Washington Law Lifts the Gag on Employment, Settlement, and Severance Agreements

On March 24, 2022, Washington Governor Jay Inslee signed "Silenced No More," E.S.H.B. 1795, a sweeping bill that applies to employment, settlement, and severance agreements and prohibits attendant nondisclosure or...more

Fisher Phillips

“Do Speak!” No Doubt that Washington Employers Must Rethink Nondisclosure Agreements Given Sweeping New Law

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Washington employers are already prohibited from using employment agreements that restrict workers from disclosing claims of workplace sexual assault and sexual harassment – but will soon be unable to use nondisclosure...more

Greenberg Glusker LLP

E.L.F. on a Digital Shelf: Employment Law Facts, A Summary of California’s New 2022 Employment Laws

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In preparation for 2022, California employers have an abundance of new laws with which to comply. Below are the highlights curated by our Employment Law Group. SB 331: The “Silenced No More” Bill, Prohibits Confidentiality...more

Jenner & Block

California Enacts Further Restrictions on Use of Nondisclosure Agreements in Discrimination and Harassment Settlements

Jenner & Block on

The #MeToo movement caused a significant amount of legislative activity across the country, addressing, among other things, limits on the use of nondisclosure agreements in settlements of sexual harassment claims. Expanding...more

Littler

California Further Restricts "Non-Disparagement" Provisions in Employment Settlement and Severance Agreements

Littler on

In 2019, California adopted several laws that restricted “non-disclosure" provisions in employment-related agreements.  Those laws, passed in the wake of the “me too” movement, limited non-disclosure provisions in settlement...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

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

Maine Legislature Takes Aim at Nondisclosure Agreements

After passing more than 500 bills in 2019, including those mandating paid leave and placing limits on noncompete agreements, the Maine Legislature reconvened on January 8, 2020, and directed its attention to nondisclosure...more

FordHarrison

2019 Recap: New York Leads the Nation in Expanding Work Harassment Protections

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New York has become the most progressive State in the nation when it comes to protecting workers against harassment, discrimination and retaliation on the job. In the last two years, New York has made it much easier for any...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 #MeToo Bill, Potentially Impacting All Employment and Settlement Agreements—Employers Beware!

Blank Rome LLP on

As predicted in a previous post, New Jersey Governor Phil Murphy signed Senate Bill 121 last month. This bill has two primary effects: “A provision in any employment contract [(other than a collective bargaining agreement,...more

Vedder Price

New Jersey Prohibits Nondisclosure Agreements and Waivers of Rights in Connection with Discrimination, Retaliation or Harassment...

Vedder Price on

In response to the increased attention on sexual harassment claims and settlements, New Jersey has enacted new legislation (New Jersey Senate Bill 121, which amends the New Jersey Law Against Discrimination (“NJLAD”)) that...more

Seyfarth Shaw LLP

#MeToo Inspires Legislative Changes Across the United States

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Seyfarth Synopsis: In response to the #MeToo movement, several states have passed legislation aimed at combatting workplace sexual harassment. ...more

Hogan Lovells

New Jersey Bans Non-Disclosure Provisions for Claims of Discrimination, Retaliation & Harassment

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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

Epstein Becker & Green

New Jersey Responds to the #MeToo Era by Broadly Banning “Waiver of Rights” and Nondisclosure Provisions in Employment Agreements

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On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more

K&L Gates LLP

New Jersey's Latest #METOO Law Goes Beyond Sexual Harassment

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New Jersey recently joined a growing number of states limiting the use of non-disclosure agreements when settling claims of sexual harassment - and then took it one step further....more

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