News & Analysis as of

Severance Agreements

Nelson Mullins Riley & Scarborough LLP

NLRB Changes Position on Certain Confidentiality and Nondisparagement Provisions in Employee Agreements

M&A transactions often include special bonus, severance and/or release agreements for some or all employees. These agreements have generally included provisions requiring the employee (1) to keep confidential the amount of...more

Davis Wright Tremaine LLP

California Further Restricts Use of Nondisclosure and Nondisparagement Provisions and Adds Requirements for Severance Agreements

California law is about to place additional restrictions on the use of nondisclosure and nondisparagement provisions and severance agreements. Here are the key takeaways from the new legislation (SB 331): 1. Beginning 2022,...more

Morgan Lewis

California Employers: New Law Limits NDAs in Settlement & Severance Agreements

Morgan Lewis on

California Governor Gavin Newsom on October 7 signed Senate Bill 331, which will prohibit employers from (1) including in a settlement agreement a clause that restricts an employee’s right to disclose information about...more

Thompson Coburn LLP

Employers: Are you ready for new California HR laws in 2022?

Thompson Coburn LLP on

Even while the COVID-19 pandemic rages throughout the state and the world, the California legislature has been busy throughout 2021 enacting a bevy of new employment laws. Here are five things to look out for in 2022....more

Seyfarth Shaw LLP

Settlement and Severance Agreement Restrictions Headline Final 2021 Legislative Approvals

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Saturday, October 9, 2021, Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will...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

Jackson Lewis P.C.

Motion for Class Certification Denied: Plaintiff Who Released ERISA Claims Deemed Unfit to Lead Class

Jackson Lewis P.C. on

Can a former employee serve as a class representative for ERISA claims when she has signed a general release agreement and has waived her right to participate in class actions? According to a recent decision by the District...more

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

California Imposes Significant New Restrictions on Severance and Settlement Agreements

On October 7, 2021, California Governor Gavin Newsom signed Senate Bill (SB) No. 331 into law. SB 331 is known as the “Silenced No More Act.” It amends California Code of Civil Procedure Section 1001 and the California Fair...more

Seyfarth Shaw LLP

New Restrictions in Settlement and Severance Agreements Headline Governor Newsom’s Final 2021 Legislative Approvals

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Saturday, October 9, 2021 Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will become...more

CDF Labor Law LLP

California’s New Restrictions on Severance Agreements, Non-Disparagement and Confidentiality Agreements

CDF Labor Law LLP on

On October 7, 2021, Governor Newsom enacted SB 331 to put up additional restrictions on employers offering severance agreements and settling claims alleging harassment, discrimination or retaliation based on purported...more

Faegre Drinker Biddle & Reath LLP

Employers – Check Your Severance Arrangements Now!

If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more

Seyfarth Shaw LLP

Key Items to Review When Performing Human Resource and Employment Due Diligence

Seyfarth Shaw LLP on

In the world of cross-border mergers and acquisitions, complex human resource and employment considerations arise during the transaction’s due diligence process. Depending on the transaction’s structure, these issues can be...more

Fisher Phillips

Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

Fisher Phillips on

A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

Verrill

Primer on Severance Plans Under ERISA and the Tax Code

Verrill on

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall...more

Jackson Lewis P.C.

Nevada Enacts Right To Return Law For Certain Workers Laid Off During And After COVID-19 Pandemic

Jackson Lewis P.C. on

Beginning July 1, 2021, under the Nevada Hospitality and Travel Workers Right to Return Act (Senate Bill 386), certain employers in the casino, hospitality, stadium, and travel industries must offer their former employees...more

Brownstein Hyatt Farber Schreck

Colorado Supreme Court: Employers Must Pay Out Earned Vacation Upon Separation

Employers operating in Colorado gained clarity from the Colorado Supreme Court on a closely watched state wage and hour law issue—earned vacation pay must be paid out upon separation from employment, notwithstanding any...more

Fisher Phillips

IRS Addresses Lingering Employer Questions Regarding COBRA Premium Assistance and Corresponding Tax Credits under the American...

Fisher Phillips on

The American Rescue Plan Act (ARPA) provides for 100% premium assistance to certain qualified beneficiaries for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for periods of...more

Proskauer - Employee Benefits & Executive...

Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan

Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of some consternation in the courts for many years.  The Fifth Circuit, in Atkins v. CB&I, LLC, recently had occasion...more

Foley & Lardner LLP

Steps Employers Must Take as Result of New COBRA Subsidy

Foley & Lardner LLP on

As we recently wrote, the American Rescue Plan Act of 2021 (ARPA) provides up to six months of free COBRA coverage, effective April 1, 2021, for certain “assistance eligible individuals.” But what about employers? What...more

Robinson+Cole ERISA Claim Defense Blog

When is a Severance Plan NOT an ERISA Plan

Though there are many legal complexities that can arise in a typical ERISA lawsuit, one thing that is typically not in dispute is whether there is an ERISA Plan at issue....more

BakerHostetler

Employers May Need to Update Their Severance Agreement Templates by April 1

BakerHostetler on

Acronyms make us do things. AWOL makes us go looking for someone, BOGO makes us buy two of something we didn’t need one of, and NSFW makes us cover our screen and hope no one has already walked by....more

Bryan Cave Leighton Paisner

Don’t Forget! Refresher on Glass Lewis COVID-19-Related Guidance and ISS Compensation-Related FAQs

For companies knee deep in proxy statement drafting and 2021 executive compensation decisions, we recommend a quick refresher on Glass Lewis’ December 2020 Approach to Executive Compensation in the Context of the COVID-19...more

Blank Rome LLP

Delaware Court Preserves McDonald’s Right to Seek Clawback of Ex-CEO’s Severance Benefits

Blank Rome LLP on

A recent decision by the Delaware Chancery Court in the clawback litigation between McDonald’s Corporation and its former CEO highlights the meaning and impact of a common contractual provision: the “integration clause.” Such...more

Dentons Davis Brown

HR Quick Take: Severance Agreements

Dentons Davis Brown on

Q: Our severance agreement states that employees waive all rights to future claims. A former employee who signed the agreement has now filed a sex discrimination claim with the ICRC. Can we enforce the severance agreement?...more

Jackson Lewis P.C.

Top Five Labor Law Developments For November 2020

Jackson Lewis P.C. on

1. The National Labor Relations Board (NLRB) provided guidance on the propriety of mail or manual ballot elections. Aspirus Keweenaw, 370 NLRB No. 45 (Nov. 9, 2020). In this case, the NLRB set forth the considerations...more

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