News & Analysis as of

Pre-Employment Agreements Non-Disparagement Provisions

Foley & Lardner LLP

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

Foley & Lardner LLP on

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

Adams and Reese LLP

How Do Employers Navigate Evolving Landscape of Restrictive Covenants Following NLRB's McLaren Macomb Decision?

Adams and Reese LLP on

The NLRB issued its order and decision last year in McLaren Macomb, holding that employers violate the NLRA by enforcing — or even offering — severance agreements containing overly broad confidentiality and non-disparagement...more

Mintz - Employment Viewpoints

Key Changes & Updates to Employment Agreements: What Maryland and Virginia Employers Need to Know

Employers in Maryland and Virginia should be aware of new laws that affect non-compete, confidentiality, non-disclosure, and non-disparagement provisions in pre-dispute agreements that are provided to employees at the onset...more

Foster Swift Collins & Smith

Time to Revisit Your “Standard” Employment and Separation Agreements

A recent flurry of activity from the National Labor Relations Board and its General Counsel has many employers rethinking “standard” contract clauses which employers have routinely included in employment or separation...more

ArentFox Schiff

Virginia Bans Non-Disclosure, Confidentiality, and Non-Disparagement Clauses Related to Sexual Harassment Claims in Employment...

ArentFox Schiff on

This has been a banner year for employee-friendly legislation in the Commonwealth of Virginia. As previously reported, Governor Glenn Youngkin signed into law Senate Bill 1086, which requires covered employees to provide...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

Fisher Phillips

How Do I Keep Departing Employees from Disparaging My School? A Proactive Approach

Fisher Phillips on

Employees often leave schools unhappy — either because they were not satisfied with the work or were terminated involuntarily. More and more often, these departing employees take their grievances to social media and make...more

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

Beltway Buzz - November 2022 #2

118th Congress Takes Shape. The Buzz certainly didn’t think we’d still be dissecting the results of the 2022 midterms ten days after Election Day, but here we are....more

Jackson Lewis P.C.

Washington’s Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment Agreements

Jackson Lewis P.C. on

Washington’s Silenced No More Act limits all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements. The Act (codified as RCW 49.44.211) makes it illegal for employers in an...more

Buchalter

Washington State’s “Silenced No More Act” Curtails the Use of Nondisclosure and Nondisparagement Provisions in Employment...

Buchalter on

Effective June 9, 2022, Washington State’s Silenced No More Act (the “Act”) will prohibit nondisclosure and nondisparagement provisions regarding illegal acts of discrimination, harassment, retaliation, wage and hour...more

Perkins Coie

New Law Restricts Washington Employers From Using Nondisclosure and Nondisparagement Agreements

Perkins Coie on

Washington Governor Jay Inslee signed into law the Silenced No More Act (Engrossed Substitute House Bill 1795) on March 24, 2022, making Washington the second state in the nation after California to prohibit employers from...more

Jackson Lewis P.C.

Washington Legislature Passes Limits on Use of Nondisclosure, Nondisparagement Clauses in Employment

Jackson Lewis P.C. on

The Washington legislature has passed the “Silenced No More Act,” which would limit all Washington employers’ use of nondisclosure and nondisparagement provisions in employment agreements....more

Jackson Lewis P.C.

Amendments to Oregon Limits on Workplace Agreements Await Governor’s Signature

Jackson Lewis P.C. on

The Oregon legislature has passed amendments to the Workplace Fairness Act clarifying that workplace agreements with a release of claims cannot include confidentiality or nondisparagement provisions, among other...more

Sheppard Mullin Richter & Hampton LLP

California’s SB 331 Extends Sweeping Changes to Workplace Settlement and Separation Agreements

In 2018, California passed Senate Bill 820, the STAND Act (Stand Together Against Non-Disclosure Act), in response to the #MeToo movement. SB 820 prohibited the use of confidentiality provisions in settlement agreements...more

Zelle  LLP

Employment Agreements: Current Issues

Zelle LLP on

Employment agreements are not unusual, particularly for managers and executives. As new laws come into existence and as the work environment is changed by data and data security, drafting adequate, enforceable agreements can...more

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