Non-Disparagement Settlements in New Jersey, DOL's AI Guidelines, OSHA Regions Shift - Employment Law This Week®
Non-Compete Agreements: An Endangered Species?
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum, Part II
The Labor Law Insider: Non-Disclosure and Non-Disparagement Agreements under Fire: A New Board Decision and a New General Counsel Memorandum
#WorkforceWednesday: NLRB Issues Memo on Severance Agreement Restrictions, Illinois Rolls Out Paid Leave for Any Reason, NJ Prepares for Temporary Workers' Bill of Rights - Employment Law This Week
Employment Law Now VII-127-Interview with NLRB General Counsel Abruzzo on Invalidating Severance Agreement Provisions
#WorkforceWednesday: NLRB Focuses on Severance Agreements, Supreme Court Opens Overtime to HCEs, Ninth Circuit Rejects CA's Mandatory Arbitration Ban - Employment Law This Week®
Chambliss Update – NLRB Decision Alters Landscape for Employee Severance Agreements
DE Under 3: New NLRB Decision Prohibits Virtually All Employment Confidentiality and Non-Disparagement Clauses, Nationwide
The Speak Out Act and Compliance Programs
#WorkforceWednesday: Speak Out Act Takes Effect, Enhanced Data Privacy Obligations for California Employers, and SEC Releases Whistleblower Annual Report - Employment Law This Week®
In Savage v. Township of Neptune, et al., (A-2-23, decided May 7, 2024), the New Jersey Supreme Court analyzed and invalidated a non-disparagement provision included in a settlement agreement against a plaintiff alleging...more
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
The Supreme Court of New Jersey recently issued a decision in Savage v. Twp. Of Neptune, (A-2-23)(087229), 257 N.J. 204 (2024) (slip. op.) holding the parties’ non-disparagement provision to be unenforceable as it was found...more
May 2024 NJ Supreme Court holds that non-disparagement provisions cannot prohibit disclosure of details relating to claims of discrimination, retaliation, or harassment - The New Jersey Supreme Court unanimously held that...more
The Supreme Court of New Jersey has just made it even harder for employers to prevent harmful comments from employees and former employees. Specifically, non-disparagement clauses have been the primary tool employers use to...more
In a recent unanimous decision, the New Jersey Supreme Court held that non-disparagement provisions in settlement agreements or employment agreements are against public policy and unenforceable if they seek to bar speech...more
On May 7, 2024, the New Jersey Supreme Court (the Court) unanimously held that non-disparagement clauses with the purpose or effect of concealing the details of discrimination, retaliation, or harassment cannot be included in...more
In a significant opinion affecting employers, the New Jersey Supreme Court has placed strict limits on the scope of “nondisparagement” clauses in settlement agreements that impact the ability of victims of harassment,...more
On November 17, 2023, New York Governor Kathy Hochul signed Bill S4516 into law, which amends the requirements for non-disclosure and non-disparagement provisions in certain settlement agreements. Previously, New York law...more
New York Governor Kathy Hochul has recently signed into law a bill that impacts settlement agreements entered into by employers and employees that resolve claims of harassment, discrimination and retaliation. The recent...more
Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...more
Colorado’s POWR Act went into effect on August 7, 2023, significantly increasing employer obligations to prevent and address harassment and discrimination in the workplace. Companies with Colorado-based employees should act...more
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
Colorado’s 74th General Assembly convened the First Regular Session on January 9, 2023. As expected, there has been continued focus on labor and employment, with some particularly surprising proposals (not all of which have...more
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
Five years after the beginning of the #MeToo movement, sexual assault and harassment in the workplace remain an issue with 81% of women and 43% of men reporting that they have experienced some form of sexual harassment or...more
When drafting employment separation or severance agreements, it is relatively common to include non-disclosure and non-disparagement provisions in the documents. The notion is that in return for payment to the former...more
On March 24, 2022, Washington Governor Jay Inslee signed into law Engrossed Substitute House Bill 1795 also known as the “Silenced No More Act” (“the Act”). The Act prohibits agreements containing nondisclosure and...more
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
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
Governor Newsom signed Senate Bill 331 (SB 331), which further limits the use of non-disclosure agreements (NDAs) and settlement agreement terms when settling employment legal claims involving harassment, discrimination, or...more
SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW - We include the 2018 chapter in its entirety for reference following the 2019 update. 2019 Update - In the wake the of the #MeToo...more
Employees in Oregon have greater protections against workplace harassment thanks to the recently-passed Workplace Protection Act (the “Act”), which would prohibit requiring nondisclosure agreements for employees or applicants...more
A California bill that has emerged from the #MeToo movement and is likely to increase employers’ costs and exposure in defending harassment claims will take effect on January 1, 2019. As briefly discussed in our October 2018...more
On September 30, 2018, for the final time during his tenure as Governor, Governor Jerry Brown acted on a series of bills passed by the legislature that would have far-reaching consequences for employers. Though employers can...more