News & Analysis as of

New Legislation #MeToo Employer Liability Issues

Littler

Louisiana Becomes Latest State to Prohibit Nondisclosure Clauses Related to #MeToo Claims

Littler on

Under a new Louisiana law enacted on June 25, 2024, nondisclosure clauses required by an employer and agreed to prior to a hostile work environment dispute or sexual harassment dispute will be unenforceable. Louisiana joins...more

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

Utah Becomes Latest State to Ban Nondisclosure Clauses Regarding #MeToo Claims

Earlier this year, Utah joined the growing number of states to enact legislation to ban employers from requiring confidentiality clauses or agreements that block employees from speaking openly about sexual misconduct...more

Akerman LLP - HR Defense

California, The Gift That Keeps On Giving: An Overview of Recently Enacted Laws That Impact California Employers

Akerman LLP - HR Defense on

With 2023 coming to an end, now is the optimal time for employers to update their employee handbooks, policies, and procedures applicable to California workforces for the upcoming year. Here’s a roundup of several recently...more

Littler

New York Enacts Greater Restrictions on Release Agreements Involving Claims of Discrimination, Harassment, or Retaliation

Littler on

On November 17, 2023, the New York governor signed into law S4516, which amends Section 5-336 of the New York General Obligations Law to restrict certain terms from being included in release agreements involving claims of...more

Rumberger | Kirk

Workplace Harassment: The U.S. Workplace After 6 Years Of #MeToo

Rumberger | Kirk on

Chase Hattaway talks with HR.com about the impact of the #MeToo movement on the U.S. work culture, challenges employers face when addressing workplace harassment in a remote setup, and more. Originally published on HR.com...more

FordHarrison

Virginia Employment Law Update: Important Changes Effective July 1, 2023

FordHarrison on

Executive Summary: Three new Virginia employment laws become effective July 1, 2023, and Virginia employers must understand and comply with these new rules. Virginia employers will need to update employee handbooks and...more

Littler

#MeToo Update: The Adult Survivors Act for New York Employers

Littler on

New York State’s Adult Survivors Act (ASA), which was enacted on November 24, 2022, amends the state’s statute of limitations for civil claims alleging certain sexual offenses—which may include any unwanted sexual contact in...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

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

Akin Gump Strauss Hauer & Feld LLP

'Speak Out Act' Is the Latest #MeToo Law to Impact Firms

Key Points - The new law prohibits judicial enforcement of confidentiality and non-disparagement provisions with respect to sexual harassment and sexual assault disputes. The law covers provisions entered into before...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

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

Furia Rubel Communications, Inc.

Speak Out Act Signed Into Law – Hear How Gretchen Carlson Helps Women Lift Their Voices

In this episode of On Record PR, Gina Rubel goes on record with journalist, female empowerment advocate, author and co-founder of the nonprofit, Lift Our Voices – Gretchen Carlson. Today, we will discuss her instrumental role...more

Kohrman Jackson & Krantz LLP

Congress Passes Bill Limiting Use of NDAs in Sexual Harassment Cases

Last month, Congress passed the Speak Out Act, which prohibits employers from using pre-dispute nondisclosure and non-disparagement agreements in disputes arising from sexual assault and sexual harassment. The Act, which...more

Kohrman Jackson & Krantz LLP

Newly Enacted Anti-Harassment Laws for New York… and Potentially More to Come

A majority of employers with offices in New York or employees working remotely in New York will likely be affected by two new bills that were signed into law by New York’s governor, Kathy Hochul, on March 16, 2022. With more...more

Gray Reed

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act – Five Key Takeaways

Gray Reed on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), prohibiting employers from enforcing predispute arbitration agreements and class...more

Bradley Arant Boult Cummings LLP

Closing the gate to arbitrate: New law bans pre-dispute arbitration agreements on sex harassment and abuse claims

On March 3, 2022, President Biden signed the long-titled Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. Seen as a result of the #MeToo movement, this fairly simple amendment to Title 9 of the...more

Dechert LLP

Recently Enacted Legislation Shows New York's Continued Focus on Tackling Workplace Harassment and Discrimination

Dechert LLP on

New York State Governor Kathy Hochul on March 16, 2022, signed three new bills into law that address workplace harassment and discrimination. These laws bolster New York State's anti-harassment and anti-discrimination laws by...more

Kohrman Jackson & Krantz LLP

FAIR Act: U.S. House Passes Bill Eliminating Mandatory Arbitration Agreements

U.S. HOUSE PASSES THE FAIR ACT - On March 17, 2022, the United States House of Representatives passed the Forced Arbitration Injustice Repeal Act (FAIR Act), which prohibits all pre-dispute mandatory arbitration provisions...more

FordHarrison

Jury Trial Waivers May be an Option for Employers in the Wake of the Ending Arbitration of Sexual Assault and Sexual Harassment...

FordHarrison on

On March 3, 2022, President Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”), amending the Federal Arbitration Act (FAA) to expressly prohibit mandatory...more

Jones Day

New Federal Law Prohibits Mandatory Arbitration of Sexual Assault and Harassment Claims

Jones Day on

On March 3, 2022, President Biden signed into law H.R. 4445, titled "Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021" ("Act"). The law amends the Federal Arbitration Act to prohibit employers...more

Manatt, Phelps & Phillips, LLP

Sexual Harassment, Assault Claims No Longer Subject to Arbitration Under FAA

President Joseph Biden has signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, allowing individuals asserting a claim of sexual harassment or assault to file suit in court despite the...more

Holland & Knight LLP

Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act Signed into Law

Holland & Knight LLP on

President Joe Biden signed into law the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the Act) on March 3, 2022. The Act amends the Federal Arbitration Act and gives individuals asserting...more

Pullman & Comley - Labor, Employment and...

President Signs #MeToo Legislation Prohibiting Compelled Arbitration of Employee Sexual Misconduct Claims

On March 3, 2022, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the “Act”) into law. As one might expect based on the name, the Act prohibits employers from requiring...more

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