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Sexual Assault Non-Disparagement Provisions

Foley & Lardner LLP

Utah Enacts H.B. 55, Impacting the Use of Confidentiality Clauses in Employment Settlement Agreements

Foley & Lardner LLP on

On March 13, 2024, Governor Spencer Cox signed House Bill (H.B.) 55 into law, making Utah the latest state to restrict the use of certain nondisclosure and non-disparagement agreements relating to sexual assault or sexual...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

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

Williams Mullen on

On March 26, 2023, Governor Glenn Youngkin signed HB 1895 into law which will amend Virginia Code § 40.1-28.1, entitled, “Nondisclosure or confidentiality agreement; provisions regarding sexual assault; condition of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - April 2023

In our latest edition of Employment Flash, we examine developments over the past three months, including the NLRB’s ruling regarding employees’ labor law rights in severance agreements, a Supreme Court decision that upheld...more

Proskauer - Law and the Workplace

Virginia Restricts Employers’ Use Of Nondisclosure/Nondisparagement Agreements and SSNs

Virginia has enacted two new laws which will further limit employers’ use of nondisclosure and nondisparagement agreements with employees and prospective employees and will bar the use of social security numbers as employee...more

Locke Lord LLP

Employees ‘Speak Out!’: How the Speak Out Act Will Affect Employee Non-Disclosure Agreements

Locke Lord LLP on

In early 2022, President Joe Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act. Inspired by the #MeToo movement, the law banned compulsory, pre-dispute arbitration clauses in cases...more

Verrill

The Speak Out Act: Key Points You Need to Know

Verrill on

With 2023 underway, employers should be mindful of new federal legislation affecting key provisions in their employment agreements. On December 7, 2022, President Biden signed into law the “Speak Out Act,” which prohibits...more

Lathrop GPM

New #MeToo Law Targets NDAs

Lathrop GPM on

Employers should be aware of recent updates regarding two #MeToo-related federal laws: the Speak Out Act and the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act....more

Society of Corporate Compliance and Ethics...

The Speak Out Act and Compliance Programs

On December 7, 2022 The Speak Out Act became law. Stephen Paskoff, the President and CEO of ELI explains that the law was spurred by the #MeToo movement and the Non-Disclosure Agreements (NDAs) that limited recourse available...more

Genova Burns LLC

Practical Considerations On The Speak Out Act

Genova Burns LLC on

On December 7, 2022, President Biden signed the Speak Out Act into law. The Act prohibits the enforceability of non-disparagement and non-disclosure provisions in agreements before a claim (informal or formal) of sexual...more

Troutman Pepper

Biden’s “Speak Out Act” Bars Use of Nondisclosure and Nondisparagement Agreements to Restrict Sexual Harassment and Sexual Assault...

Troutman Pepper on

Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?...more

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

Bowditch & Dewey

New Year, New Protections for Pregnant and Lactating Employees, Restrictions on Pre-Dispute Non-Disclosure and Non-Disparagement...

Bowditch & Dewey on

Signed into law last month were three federal statutes impacting millions of U.S. workers: the Speak Out Act, the Pregnant Workers Fairness Act, and the Providing Urgent Maternal Protections for Nursing Mothers Act. SPEAK...more

Roetzel & Andress

The Speak Out Act Ends the Silencing of Sexual Assault Victims Through Nondisclosure and Non-Disparagement Agreements

Roetzel & Andress on

On December 7, 2022, the Speak Out Act (“Act”) was signed into law by President Biden to combat sexual assault and sexual harassment in the workplace and ensure that victims and survivors are free to disclose their abuse. The...more

Dickinson Wright

Why the “Speak Out Act” is More Like a Whisper

Dickinson Wright on

On December 7, 2022, Congress passed the “Speak Out Act” (the “Act”), which codified into federal law limits on what types of information employers are allowed to include in nondisclosure or non-disparagement clauses....more

Morgan, Brown & Joy, LLP

President Biden Signs the “Speak Out Act” – Prohibiting Employers from Enforcing Pre-dispute Nondisclosure and Nondisparagement...

Morgan, Brown & Joy, LLP on

On December 7, 2022, just nine months after signing the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, President Biden signed the Speak Out Act (the “Act”). President Biden’s signature on the Speak Out...more

Hogan Lovells

The Speak Out Act may require updates to pre-dispute employment agreements

Hogan Lovells on

President Biden recently signed into law the Speak Out Act (S. 4524), which prohibits enforcement of pre-dispute nondisclosure and nondisparagement agreements in connection with sexual assault and sexual harassment disputes....more

Manatt, Phelps & Phillips, LLP

Speak Out Act Takes Effect

Enacted by Congress in November, the Speak Out Act was signed into law by President Joseph Biden on December 7, prohibiting the judicial enforcement of a nondisclosure or nondisparagement clause agreed to before a dispute...more

Foley & Lardner LLP

Speak Out Act Speaks (But Not Dramatically)

Foley & Lardner LLP on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act prohibits pre-dispute agreements not to disclose sexual harassment and assault allegations....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

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

Epstein Becker & Green

#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases...

Epstein Becker & Green on

This week, we discuss how the Speak Out Act pays homage to the fifth anniversary of the #MeToo movement, outline the enhanced implications of the California Privacy Rights Act, and note the record-breaking numbers set by the...more

Akerman LLP - HR Defense

Silenced No More: The Speak Out Act Set To Curb Nondisclosure Agreements For Victims Of Sexual Misconduct

Akerman LLP - HR Defense on

Employers who have made use of pre-dispute nondisclosure and nondisparagement agreements will now have to change those practices and reevaluate their existing agreements thanks to the “Speak Out Act” (the “Act”) – a...more

Littler

President Biden Enacts Speak Out Act Curtailing the Use of Pre-Dispute Non-Disclosure and Non-Disparagement Clauses Involving...

Littler on

Amidst the flurry of activity taking place before the end of the 117th U.S. Congress, the House of Representatives quietly passed the Speak Out Act on November 16, 2022, by an overwhelming majority.  The bill previously...more

Smith Gambrell Russell

“Speak Out Act” is now Law; Pre-Dispute NDAs and Non-Disparagement Agreements Are No Longer Enforceable for Claims Involving...

Smith Gambrell Russell on

On December 7, 2022, President Biden signed the “Speak Out Act” into law. The Act, which was introduced by Senator Kirsten Gillibrand, passed with bipartisan support. The Act is the second law this year designed to address...more

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