News & Analysis as of

Settlement Agreements Harassment Retaliation

Mandelbaum Barrett PC

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

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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

Lowenstein Sandler LLP

New Jersey Supreme Court Unanimously Holds Non-Disparagement Agreements Cannot be Used to Circumvent the New Jersey Law Against...

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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

Fox Rothschild LLP

Nondisparagement Clauses May Run Afoul of New Jersey Law Against Discrimination

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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

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

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

U.S. Equal Employment Opportunity Commission...

Major New England McDonald’s Owner/Operator to Pay $1,600,000 to Settle EEOC Class Harassment and Retaliation Suit

Vermont-Based Coughlin Created Sexually Hostile Work Environment Against Class of Workers, Mostly Teens, Federal Agency Charged - NEW YORK – Coughlin, Inc., a Vermont-based company that owns and operates ten McDonald’s...more

CDF Labor Law LLP

California’s New Restrictions on Severance Agreements, Non-Disparagement and Confidentiality Agreements

CDF Labor Law LLP on

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

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

U.S. Equal Employment Opportunity Commission...

Cardinal Health and AppleOne Settle EEOC Race Harassment / Retaliation Lawsuit

Health Care Services Company and Staffing Agency Fostered a Racially Charged, Hostile Work Environment, Federal Agency Charged - LOS ANGELES – Global health care services and products company Cardinal Health will pay $1.45...more

U.S. Equal Employment Opportunity Commission...

Ryder and Kimco Settle EEOC Race Harassment and Retaliation Lawsuits for $2 Million

Transportation Company and Staffing Agency Created Racially Hostile Work Environment, Federal Agency Charged - LOS ANGELES – Ryder Integrated Logistics, Inc., a Miami-based transportation and supply chain solutions...more

U.S. Equal Employment Opportunity Commission...

Construction Company Hathaway Dinwiddie Settles EEOC Discrimination Lawsuit

LOS ANGELES -- San Francisco-based Hathaway Dinwiddie Construction Company will pay $725,000 and furnish other relief to settle a racial harassment lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the...more

U.S. Equal Employment Opportunity Commission...

Smashburger to Pay $70,000 to Settle Race Harassment Lawsuit

Fast Food Manager Called Employee Racist Slurs, Federal Agency Charged - NEW YORK – Icon Burger Acquisition, LLC, an international hamburger restaurant chain operating under the name Smashburger, has agreed to pay $70,000...more

U.S. Equal Employment Opportunity Commission...

Sikorsky Global Helicopters to Pay $107,500 to Settle EEOC Racial Discrimination, Harassment and Retaliation Lawsuit

Helicopter Maker Racially Harassed Workers, Federal Agency Charged - PHILADELPHIA –Sikorsky Global Helicopters, a Stratford, Conn.-based manufacturer of helicopters for commercial and military use, will pay $107,500 and...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

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

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

Payne & Fears

AB 3080, Banning Mandatory Workplace Arbitration Agreements, Now Awaits Governor’s Signature

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On August 22, 2018, the California Senate voted to approve AB 3080, a bill prompted by the #MeToo movement against sexual harassment. Nominally, the bill is intended to combat the use of mandatory arbitration agreements and...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

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