News & Analysis as of

Separation Agreement Settlement Agreements

Ballard Spahr LLP

Are Whistleblower Protection Violations the New SEC Sweep?

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The Securities and Exchange Commission (SEC) continues to investigate companies for including language in their employment and separation agreements or retail client settlement agreements that potentially discourages...more

Tarter Krinsky & Drogin LLP

New York Legislators Have Been Busy: Employers Beware

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

Polsinelli

New Year, New Severance and Settlement Agreement Rules for New York

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With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

Clark Hill PLC

The Importance of Carefully Crafted Non-Disparagement Clauses in Severance and Settlement Agreements

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When settling a lawsuit or pre-litigation disputes, parties sometimes insist on including non-disparagement clauses in their settlement or severance agreements. Broadly speaking, these clauses prevent one or both parties to...more

Kramer Levin Naftalis & Frankel LLP

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

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New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....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

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

Fox Rothschild LLP

NY Limits Use of Nondisclosure Agreements by Employers When Resolving Discrimination, Harassment and Retaliation Claims

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New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more

Proskauer - The Capital Commitment

Words Matter: Three Key Steps to Mitigate SEC Enforcement Risks Relating to Whistleblower Carveout Language

Since 2015, the SEC has brought nearly two dozen enforcement actions for violations of the whistleblower protection rules under Rule 21F-17(a) against employers for actions taken to impede reporting to the SEC. The bulk of...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

FordHarrison

[Webinar] NLRB's Recent Attack on Separation Agreements – What Are Employers to Do? - April 4th, 2:00 pm - 3:00 pm ET

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On March 22, 2023, the General Counsel of the National Labor Relations Board issued an Advice Memo regarding Separation/Severance/Settlement Agreements in light of the Board’s decision in McLaren Macomb, which was issued on...more

Constangy, Brooks, Smith & Prophete, LLP

Your settlement's no good here.

Bad news, but at least employers know where they stand. Does your settlement or separation agreement contain non-disparagement or strict confidentiality provisions? If so, it may not be worth the paper it's printed on....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

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

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

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

Maine’s Nondisclosure Agreements Law: New Limitations on Settlement, Separation, or Severance Agreements

Maine recently joined the list of states—including California, Illinois, New Jersey, New Mexico, New York, Oregon, Washington, and others—with laws restricting employers’ use of nondisclosure agreements (NDAs) and...more

Burns & Levinson LLP

Griffin v. Kay: A Cautionary Tale in How Your Separation Agreement Is Worded

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When spouses reach agreement on terms for a divorce, a written settlement document – commonly known as a Separation Agreement – is prepared. Parties then decide whether the agreement will either “merge” into the Judgment of...more

Parker Poe Adams & Bernstein LLP

Microsoft Policy May Foreshadow Shifts in Employment Relationship

Earlier this month, Microsoft announced three major changes to its employment practices for U.S. workers. First, Microsoft will no longer use or attempt to enforce non-competition covenants with its workers....more

Davis Wright Tremaine LLP

Oregon Amends the Workplace Fairness Act to Further Restrict Agreements Resolving Discrimination Claims

On March 24, 2022, Oregon Governor Kate Brown signed into law Senate Bill 1586, which amends Oregon's Workplace Fairness Act to further restrict what an employer may request in a settlement or separation agreement with an...more

Ervin Cohen & Jessup LLP

SB 331 Expands Restrictions on Nondisclosure, Settlement and Separation Agreements

In an effort to support the Me Too movement, California previously enacted Code of Civil Procedure section 1001 to prohibit any provision in a settlement agreement that prevents the disclosure of an act of sexual harassment,...more

Amundsen Davis LLC

California Law Alert – Employment Agreements Subject to New Restrictions

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Signed into law on October 7, 2021 by California Governor Gavin Newsom and effective January 1, 2022, the “Silenced No More Act” amends and expands the previous Stand Together Against Non-Disclosures (STAND) Act. The...more

Constangy, Brooks, Smith & Prophete, LLP

Five must-watch areas for California employers in 2022

Here's what employers need to heed in 2022. No. 1: Settlement and separation agreements. Pay attention to any new settlement, employment, or severance agreements. We already know that settlement agreement provisions...more

Mintz - Employment Viewpoints

The Shrinking Scope of Confidentiality: California Extends Confidentiality Ban to All FEHA Protected Classes

California has once again reined in the use of confidentiality provisions in the employment context with its recent enactment of the Silenced No More Act (SB 331), which goes into effect January 1, 2022. California...more

Farella Braun + Martel LLP

New California Employment Laws in 2022

The California Legislature passed and Governor Newsom signed several new or amended employment laws covering topics ranging from non-disparagement and separation agreements, the California Family Rights Act, and warehouse...more

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