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Non-Disclosure Agreement Employment Discrimination

Davis Wright Tremaine LLP

CFTC Charges Trading Company With Market Manipulation and Whistleblower Protection Violations

On June 17, 2024, the CFTC's Division of Enforcement announced that it had reached a settlement with Trafigura Trading LLC ("Trafigura") over allegations that the firm manipulated oil derivatives prices while discouraging...more

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

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Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...more

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more

Goldberg Segalla

What NY State Employers Need to Know about 2024 Employment Law

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It can be a challenge to stay on top of the ever-changing employment laws in New York State. Let us help. Attorneys in Goldberg Segalla’s Employment and Labor practice group synopsized 12 recent changes that impact the...more

Cole Schotz

UPDATE: New York State Amendments Affecting Employee Anti-Discrimination Protections

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A SNAPSHOT OF WHAT YOU NEED TO KNOW- • New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State. • The first bill prohibits liquidated damages and...more

Patterson Belknap Webb & Tyler LLP

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Orrick, Herrington & Sutcliffe LLP

New York Revises Law on Non-Disclosure Provisions in Settlements of Harassment, Discrimination and/or Retaliation Allegations:...

New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...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

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more

Rivkin Radler LLP

The Employment Law Reporter: Autumn 2023

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Here is what we cover in this issue of Employment Law Reporter Autumn 2023: • The U.S. Court of Appeals for the Second Circuit has affirmed a decision by the U.S. District Court for the Southern District of New York...more

Orrick, Herrington & Sutcliffe LLP

Colorado Enacts the POWR Act

Colorado’s POWR Act went into effect on August 7, 2023, significantly increasing employer obligations to prevent and address harassment and discrimination in the workplace. Companies with Colorado-based employees should act...more

Foster Swift Collins & Smith

Risks Make AI Workplace Policies a Requirement

Artificial intelligence (AI) is fast becoming an integral element in the operation of virtually every business and organization. As with most modern technologies, the use of AI-powered apps and tools comes with its own set...more

Fox Rothschild LLP

POWR Act Checklist: What Colorado Employers Need to Do to Comply

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Colorado’s Protecting Opportunities and Workers’ Rights Act (POWR Act) went into effect earlier this month. The POWR Act applies to all Colorado employers. It prohibits discrimination based on marital status, rejects the...more

Seyfarth Shaw LLP

Colorado Peculiarities

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Seyfarth Synopsis: Seyfarth’s excellent publication “Cal-Peculiarities: How California Employment Law Is Different,” which is updated annually, highlights the many unique aspects of the Golden State’s employment law. ...more

Rivkin Radler LLP

The Employment Law Reporter - Summer 2023

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Here is what we cover in this issue of The Employment Law Reporter: •A New York trial court has ruled that the purchaser of a medical practice could not enforce a noncompete provision contained in the purchase agreement...more

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

‘POWR’ Play: Colorado Law Tips the Scale in Favor of Employees Regarding Employment Claims, Nondisclosure Agreements

On June 7, 2023, Governor Jared Polis signed Senate Bill (SB) 23-172 into law, radically transforming Colorado’s employment discrimination legal landscape by expanding the Colorado Anti-Discrimination Act (CADA)....more

Seyfarth Shaw LLP

Consequential New York Employment Legislation on Agenda for Spring 2023

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Seyfarth Synopsis: Legislators in New York City and State are considering several bills that could impact employers’ daily operations in the Empire State. The bills would broaden discrimination protections, require mandatory...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...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

Constangy, Brooks, Smith & Prophete, LLP

2 cents on Speak Out, Respect Marriage acts

The impact on most employers should be minimal. As you've probably heard, President Biden has recently signed into law two measures that could affect employers: The Speak Out Act, and the Respect for Marriage Act....more

Poyner Spruill LLP

Speak Out Act Limits Pre-Dispute Agreements Covering Sexual Harassment

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On Wednesday December 7, President Biden signed the “Speak Out Act” into law. The Act makes pre-dispute non-disclosure and non-disparagement clauses covering sexual harassment or sexual assault allegations unenforceable in...more

King & Spalding

Employment Settlement Agreements – how to avoid the common pitfalls

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Settlement agreements are a pragmatic and effective tool in resolving workplace disputes. The employee benefits from financial support and a dignified exit, and the employer achieves a clean break. However, when used...more

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