News & Analysis as of

Retaliation Harassment Non-Disclosure Agreement

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

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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

Seward & Kissel LLP

Employment Litigation Roundup - May 2024

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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

Orrick, Herrington & Sutcliffe LLP

New York Revises Law on Non-Disclosure Provisions in Settlements of Harassment, Discrimination and/or Retaliation Allegations:...

New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more

Fox Rothschild LLP

NY Limits Use of Nondisclosure Agreements by Employers When Resolving Discrimination, Harassment and Retaliation Claims

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New York State recently enacted further restrictions limiting language that can be contained in employment-related release agreements (including severance, separation, and settlement agreements). The changes, which were...more

Paul Hastings LLP

New York Amends Law Affecting Settlements of Discrimination, Harassment, and Retaliation Claims

Paul Hastings LLP on

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

Proskauer - Law and the Workplace

New York Bars Liquidated Damages for Non-Disclosure Breaches in Workplace Discrimination Settlements

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

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

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

Foley & Lardner LLP

Several States have Enacted Broad Ban on Non-disclosure Agreements

Foley & Lardner LLP on

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

Jackson Lewis P.C.

California Further Limits NDAs and Settlement Agreement Terms in Employment Cases

Jackson Lewis P.C. on

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

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

The Who, What, and When on Illinois Employment Agreements Under the Workplace Transparency Act

The Illinois Workplace Transparency Act (WTA) (Public Act 101-0221) is designed to protect employees, consultants, and contractors who truthfully report alleged unlawful discrimination and harassment or criminal conduct in...more

International Lawyers Network

Sexual Harassment In The Workplace: What US: Multi-State Companies Need To Know

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

Benesch

Legal Trends: The #MeToo Movement’s Influence on Certain State Laws Relating to Nondisclosure Agreements

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New Jersey recently enacted new legislation (NJ SB 121) that deems the inclusion of nondisclosure provisions regarding “the details relating to a discrimination, retaliation, or harassment claim” as against public policy and...more

Epstein Becker & Green

New Jersey Responds to the #MeToo Era by Broadly Banning “Waiver of Rights” and Nondisclosure Provisions in Employment Agreements

Epstein Becker & Green on

On March 18, 2019, New Jersey Governor Phil Murphy signed S121 (“Law”), a measure that will have immediate and significant impact on the enforceability of “waiver of rights” provisions in employment contracts and...more

Obermayer Rebmann Maxwell & Hippel LLP

New Jersey Outlaws NDAs in Employment Discrimination Settlements

On March 18, 2019, New Jersey Governor Phil Murphy signed a bill into law, amending the New Jersey Law Against Discrimination (NJLAD) to prohibit nondisclosure agreements (NDAs) in employment contracts and settlement...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

Proskauer - Law and the Workplace

New Jersey Enacts Law Limiting Non-Disclosure Obligations in Settlement Agreements

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which prohibits nondisclosure clauses in settlement agreements relating to workplace discrimination, retaliation or harassment....more

Saul Ewing LLP

New Jersey Governor Signs Bill Impacting Non-Disclosure Agreements in Harassment Settlements and Arbitration Provisions

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Over a year after its initial introduction, and after enough time to draw speculation (and perhaps some dust) on Governor Murphy’s desk, the Governor has signed Bill S121 into law. ...more

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