News & Analysis as of

Non-Disclosure Agreement Federal Arbitration Act

Holland & Hart - Employers' Lawyers

End of Year Federal Employment Law Update: 2022

In 2022, there were some impactful, but relatively quiet developments in federal employment law. These developments affect confidentiality, non-disparagement, and arbitration agreements, and create protections for pregnant...more

Smith Debnam Narron Drake Saintsing & Myers,...

Use of Pre-Dispute Confidentiality Provisions Regarding Sexual Harassment Will Soon Fall by the Wayside

In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault...more

Ballard Spahr LLP

New Developments for New Jersey Sexual Harassment Claims

Ballard Spahr LLP on

Summary - In a case of first impression, a judge of the Essex County Superior Court held that the Federal Arbitration Act (FAA) no longer preempts Section 12.7 of the New Jersey Law Against Discrimination (LAD)—which...more

Bond Schoeneck & King PLLC

Update and Discussion on Legal and Practical Issues

COVID Update, Employee Benefits Update, Pending Federal Law Restricting Mandatory Aribitration and NDAs, Update on NYS COVID Paid Leave...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Proskauer - Law and the Workplace

The Employment Law Landscape in 2020

2019 was a busy year for lawmakers across the nation, underscoring the need for employers to remain apprised of all the new laws that will be taking effect in 2020. Below we summarize some of the significant developments...more

Vedder Price

Employers Prepare for Sweeping Changes to Illinois Anti-Discrimination Laws

Vedder Price on

Governor J.B. Pritzker approved sweeping changes to Illinois anti-discrimination laws on August 9, 2019, building on the momentum of the #MeToo and Time’s Up movements and following similar trends in other states. The...more

Ballard Spahr LLP

Alan Kaplinsky Submits Responses To Follow Up Questions From Senate Judiciary Committee Members

Ballard Spahr LLP on

On April 2, Alan Kaplinsky, who leads our Consumer Financial Services Group, testified before the Senate Judiciary Committee at its “Arbitration in America” hearing. Subsequent to the hearing, Alan received a letter from...more

Constangy, Brooks, Smith & Prophete, LLP

NJ Ban On Nondisclosure Agreements: What Does It Mean For Employers?

New Jersey Governor Phil Murphy (D) signed into law last month legislation that bans nondisclosure agreements in cases alleging discrimination, retaliation, or harassment. More precisely, what the law does is say that...more

Benesch

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

Benesch on

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

Epstein Becker & Green

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

Epstein Becker & Green on

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

Littler

New Jersey Enacts Bill Banning NDAs for Discrimination, Retaliation, and Harassment Claims . . . and Fundamentally Attacking...

Littler on

As expected, on March 18, 2019, Governor Murphy added New Jersey to the growing list of states that have chosen to legislate significant contractual limitations upon an employer’s right to enter into certain nondisclosure...more

Jackson Lewis P.C.

New Jersey Prohibits Enforcement Of Non-Disclosure Provisions In Settlement Agreements, Other Contracts

Jackson Lewis P.C. on

A sweeping amendment to the New Jersey Law Against Discrimination (LAD) bars enforcement of non-disclosure provisions in settlement agreements and employment contracts, and prohibits the waiver of substantive and procedural...more

Genova Burns LLC

#MeToo and its Effect on Sexual Harassment Agreements

Genova Burns LLC on

Following the passage of similar laws in New York and California, a bill in the New Jersey State Legislature which bars nondisclosure clauses in workplace harassment settlement agreements is on Governor Murphy’s desk, with...more

Jackson Lewis P.C.

Amendment To New Jersey Anti-Discrimination Law Poses Challenges To Using Non-Disclosure And Jury Trial Waiver Provisions

Jackson Lewis P.C. on

An amendment to the New Jersey Law Against Discrimination (LAD) to prohibit enforcement of non-disclosure provisions in certain agreements, including employment contracts and settlement agreements, has been passed by the New...more

Hinshaw & Culbertson LLP

California Senators Defy Federal Law by Making Employment-Based Arbitration Agreements Optional

On August 22, 2018, California senators passed a bill that prevents workers from forcing employees to sign mandatory arbitration or nondisclosure agreements in order to secure and/or maintain employment. AB 3080 prevents...more

Jones Day

"Me Too" Movement Triggers Legislation in New York State and City

Jones Day on

On May 9, 2018, New York City Mayor Bill de Blasio signed legislation designed to combat workplace sexual harassment. Similar legislation was passed as a part of the New York State Budget enacted on April 12, 2018. To ensure...more

Vedder Price

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

Vedder Price on

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

Fisher Phillips

New York State Employers Face Significant New Sexual Harassment Laws

Fisher Phillips on

Employers operating in New York will soon face a raft of new sexual harassment laws. The state budget bill for the 2019 fiscal year approved by the New York State Legislature on March 31 and signed into law by Governor Andrew...more

Davis Wright Tremaine LLP

Pending New York State and City Legislation Materially Impacts Employer Policies and Practices Concerning Workplace Sexual...

In the wake of national media coverage of sexual harassment claims and the #metoo movement, New York State and City lawmakers have proposed legislation placing more obligations on employers to address sexual harassment in the...more

Orrick - Employment Law and Litigation

#MeToo—New York Poised to Ban Non-Disclosure and Arbitration of Sexual Harassment Claims

On March 30, 2018, the New York State Assembly completed passage of the 2018-19 state budget. Undoubtedly spurred by the #MeToo movement, the final budget measure, which is expected to be signed into law by Governor Andrew...more

21 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide