News & Analysis as of

Non-Disparagement Provisions Sexual Harassment Employer Liability Issues

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

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

FordHarrison

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

FordHarrison on

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

FordHarrison

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

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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

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

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

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

Ruder Ware

New Non-Disclosure and Non-Disparagement Restrictions – “Me Too” Movement’s Continued Impact on the Workplace!

Ruder Ware on

The Speak Out Act (“Act”) became law on December 7, 2022.  The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment...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

Littler

New Year, New Workplace Fairness Act Requirements for Oregon Employers

Littler on

Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements...more

Sheppard Mullin Richter & Hampton LLP

President Biden Signs “Speak Out Act” Limiting the Enforceability of Non-Disclosure and Non-Disparagement Provisions in Sexual...

On December 7, 2022, President Biden signed the Speak Out Act (the “Act”) into law. The Act limits the enforceability of pre-dispute non-disclosure and non-disparagement clauses relating to sexual assault and sexual...more

McGuireWoods LLP

Speak Out Act Bars Enforcement of Nondisclosure, Nondisparagement Clauses for Sexual Harassment

McGuireWoods LLP on

On Dec. 7, 2022, President Joe Biden signed into law the Speak Out Act. The new law renders unenforceable any predispute nondisparagement clause or nondisclosure agreement relating to sexual assault or sexual harassment. A...more

Davis Wright Tremaine LLP

Federal Restrictions on NDAs for #MeToo Claims Become Law

President Biden has signed the "Speak Out Act" (H.R 8827), a #MeToo-inspired bill prohibiting pre-dispute nondisclosure and nondisparagement clauses when sexual harassment or assault is alleged. Previously, President Biden...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

Parker Poe Adams & Bernstein LLP

New Legislation Limits Use of Confidentiality Agreements to Prevent Discussion of Sexual Harassment

On November 16, 2022, Congress passed the Speak Out Act, which garnered bipartisan support in both the House and the Senate. President Biden signed the legislation on Wednesday, December 7, 2022....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

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