News & Analysis as of

Retaliation Employer Liability Issues Settlement Agreements

Mandelbaum Barrett PC

New Jersey Supreme Court Invalidates Non-Disparagement Provision Against Alleged Victim of Discrimination and Harassment

Mandelbaum Barrett PC on

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

Saiber LLC

New Jersey Supreme Court Holds That Non-Disparagement Provisions Seeking to Preclude Discussion About Claims of Discrimination,...

Saiber LLC on

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

Tarter Krinsky & Drogin LLP

New York Legislators Have Been Busy: Employers Beware

Over the closing months of 2023, New York lawmakers at both the state and local levels were busy passing new legislation impacting the workplace. As a result, New York employers should take some time to familiarize themselves...more

Kramer Levin Naftalis & Frankel LLP

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...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

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

Seyfarth Shaw LLP on

On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...more

Kelley Drye & Warren LLP

Attention New York Employers: New Prohibitions for Settlement Agreements Resolving Discrimination Claims

Effective November 17, 2023, Governor Hochul signed a new law impacting settlement agreements resolving claims of harassment, discrimination and retaliation. The new law, S4516 amends Section 5-336 of the New York General...more

Genova Burns LLC

Patience is a Virtue: NJ Appellate Division Affirms Settlement of Discipline Bars Recovery Under the NJLAD

Genova Burns LLC on

On May 1, 2023, in Onukogu v. New Jersey State Judiciary, the Superior Court of New Jersey, Appellate Division affirmed the trial court’s grant of summary judgement in favor of the employer, affirming the dismissal of the...more

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

K&L Gates LLP on

Penny Chen, Jin To, and Jessica Kang, lawyers in K&L Gates’ Labor, Employment and Workplace Safety practice group, discuss California, Illinois, and Washington states’ various “silence no more” type acts, which prohibit...more

Littler

Non-Disparagement Provisions Not Barred by NJLAD’s #MeToo Amendments, For Now

Littler on

In March 2019, in response to the #MeToo movement, New Jersey enacted N.J.S.A. 10:5-12.8, which amended the New Jersey Law Against Discrimination (NJLAD) to prohibit, in employment contracts or settlement agreements, any...more

Saiber LLC

Non-Disparagement Clauses Held Enforceable in New Jersey Employment Settlement Agreements

Saiber LLC on

Although New Jersey clearly prohibited non-disclosure provisions in employment contracts and settlement agreements in 2019 under N.J.S.A. 10:5-12.8 relating to a claim of discrimination, retaliation, or harassment, an open...more

Seyfarth Shaw LLP

New York To Enact Suite of Laws To Aid Victims of Sexual Harassment

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York legislature has passed or is close to passing a series of bills designed to protect public and private employees from sexual harassment and retaliation.  The bills include a ban on no-rehire...more

Fox Rothschild LLP

California Settlement Agreement Templates Will Need a Refresh for January 1, 2022

Fox Rothschild LLP on

Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022). The law...more

Lewitt Hackman

Sexual Harassment and Discrimination Do NOT Pay Off – Just Ask the DFEH

Lewitt Hackman on

We previously wrote about Riot Games’ $10,000,000 settlement of a class action lawsuit for alleged discrimination, retaliation and harassment....more

U.S. Equal Employment Opportunity Commission...

La Cantera Resort and Spa to Pay Over $2.5 Million to Settle EEOC National Origin Discrimination Suit

Resort implemented strict rules forbidding Spanish and retaliated against workers when they complained, Federal Agency Says - SAN ANTONIO, Texas - The former operators of the La Cantera Resort and Spa have agreed to pay...more

Robinson+Cole Manufacturing Law Blog

Manufacturing a Summer (Employment) Potpourri

As predicted here, the Trump Administration launched a series of not-so-surprising raids to arrest undocumented workers.  As of this writing, there has not been a noticeable increase in the prosecution of employers who employ...more

Constangy, Brooks, Smith & Prophete, LLP

Big Trouble In New York State: Legislation Would Further Expand Sexual Harassment And Other Discrimination Laws

In 2018, New York State and New York City lawmakers toughened their sexual harassment laws. But New York State lawmakers were not done. A few days ago, they passed a bill that would dramatically expand existing sexual...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

Fisher Phillips on

Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Bradley Arant Boult Cummings LLP

Bag the Gag Provision: New Jersey Is the Latest State to Restrict Non-disclosure Agreements in Settlements

You finally settled that tough discrimination or harassment claim. Now you just need to ink the settlement agreement, and obviously it will include a standard non-disclosure clause to prevent your claimant from ever talking...more

Vedder Price

New Jersey Prohibits Nondisclosure Agreements and Waivers of Rights in Connection with Discrimination, Retaliation or Harassment...

Vedder Price on

In response to the increased attention on sexual harassment claims and settlements, New Jersey has enacted new legislation (New Jersey Senate Bill 121, which amends the New Jersey Law Against Discrimination (“NJLAD”)) that...more

K&L Gates LLP

New Jersey's Latest #METOO Law Goes Beyond Sexual Harassment

K&L Gates LLP on

New Jersey recently joined a growing number of states limiting the use of non-disclosure agreements when settling claims of sexual harassment - and then took it one step further....more

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

New Jersey Bars Nondisclosure Agreements in All Discrimination Settlements, Purports to Bar Arbitration Agreements

On March 18, 2019, Governor Phil Murphy signed into law Senate Bill 121 (S121), which amends the New Jersey Law Against Discrimination (NJLAD) in two important respects, effective immediately. First, the law provides that...more

Cole Schotz

Effective Immediately – New Jersey Restricts The Use Of Certain Arbitration And Nondisclosure Provisions For Discrimination,...

Cole Schotz on

On March 18, 2019, Governor Phil Murphy signed Senate Bill 121 into law. The new law prohibits the use of arbitration clauses and jury waivers that relate to claims of discrimination, retaliation, and harassment in...more

Kramer Levin Naftalis & Frankel LLP

New Jersey Enacts Ban on Non-Disclosure Provisions in Settlement Agreements Addressing Claims of Discrimination, Retaliation and...

Common employer practices related to employee claims of discrimination, harassment and retaliation are now prohibited by law in New Jersey. Bill S121, signed into law by Governor Phil Murphy on March 18, 2019...more

White and Williams LLP

New Amendment to NJ Law Against Discrimination Renders Common Employment Agreement Provisions Unenforceable

White and Williams LLP on

New Jersey employers should take note of a newly enacted amendment to the New Jersey Law Against Discrimination (LAD) that directly impacts employment agreements and settlement agreements of discrimination claims. The...more

36 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide