News & Analysis as of

Severance Agreements State Labor Laws

Venable LLP

The List of States Regulating Non-Disclosure Provisions Continues to Grow

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From the day the #MeToo movement went viral on social media more than seven years ago, it has sparked critical discussions about sexual harassment, assault, and abuse in all corners of industries, communities, and cultures....more

Holland & Hart - Employers' Lawyers

Residence or Incorporation – A Look at Where Guidelines Matter When Drafting Severance Agreements

Question: When crafting a severance agreement, should you follow the guidelines of the state the employee resides/works in or the state where the company is incorporated?...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2023 Year In Review – An Overview of Major Developments in Labor Law

Introduction - 2023 may prove to be a landmark year for U.S. labor law. There were several significant changes in the law that left employers reeling. The breadth and depth of these changes were staggering even for seasoned...more

Polsinelli

New Year, New Severance and Settlement Agreement Rules for New York

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With the New Year in full swing, it is important for New York employers to be aware of recent changes to New York’s statutes relating to severance agreements. On November 17, 2023, New York enacted S4516, which provides...more

Farella Braun + Martel LLP

[Hybrid Event] Employment Law Symposium - January 18th, 3:00 pm - 5:00 pm PST

Please join us at our 2024 Employment Law Symposium. The afternoon program promises invaluable insights that will keep you and your talent team at the forefront of California employment law trends....more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...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

Fox Rothschild LLP

Amendments to the Regulations of the New York WARN Act

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Last month, the New York Department of Labor promulgated amendments to its New York Worker Adjustment and Retraining Notification Act (NY WARN) regulations. These amendments are now in effect, and they add significant burdens...more

DarrowEverett LLP

2023 Employment Law Updates: Q1 Developments from Pregnancy to Polyamory

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As we discussed in our annual update back in December, employers continue to see extensive developments on the labor and employment front as they progress through 2023. Aside from the minimum wage increases, pay...more

Benesch

Michigan Rolls Back its “Right-To-Work” Law; NLRB’s Top Lawyer Provides Post-McLaren Macomb Guidance

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As of today, so-called “right-to-work” (“RTW”) laws are effective in 27 states. These laws ensure that no worker can be required, as a condition of employment, to join or not join, nor pay dues to, a labor union, as permitted...more

Verrill

Nondisclosure Provisions in Maine: Are Your Agreements Compliant?

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In late 2022, a new Maine law took effect restricting the use and reach of nondisclosure provisions in Maine employment agreements. The new law, Nondisclosure Agreements in Employment, 26 M.R.S. § 599-C, is one of the most...more

Littler

New Jersey’s New Year’s Resolution: A New Law Limiting Restrictive Covenants?

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Currently pending in the New Jersey Legislature is a bill that would upend decades of New Jersey jurisprudence governing restrictive covenants in employment contracts and severance agreements, and impose an array of new...more

Littler

New Year, New Workplace Fairness Act Requirements for Oregon Employers

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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

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

Maine’s Nondisclosure Agreements Law: New Limitations on Settlement, Separation, or Severance Agreements

Maine recently joined the list of states—including California, Illinois, New Jersey, New Mexico, New York, Oregon, Washington, and others—with laws restricting employers’ use of nondisclosure agreements (NDAs) and...more

Foley & Lardner LLP

Several States have Enacted Broad Ban on Non-disclosure Agreements

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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

CDF Labor Law LLP

[Webinar] Top Seven Non-COVID Related Employment Law Issues for California Employers - March 30th, 10:00 am - 10:45 am PT

CDF Labor Law LLP on

Please join our distinguished panelists of CDF employment law attorneys, Carolina Schwalbach, Leah Cameron, and Allison Chua on March 30, 2022, for a complimentary webinar as they explore the top pressing non-COVID-related...more

Akin Gump Strauss Hauer & Feld LLP

California Expands Prohibition on Certain Nondisclosure and Non-Disparagement Clauses in Settlement, Separation, and Certain Other...

Key Points - On January 1, 2022, SB 331—also known as the Silenced No More Act—went into effect in California. It prohibits clauses, in settlement agreements for civil or administrative claims, which prevent or restrict the...more

Seyfarth Shaw LLP

Settlement and Severance Agreement Restrictions Headline Final 2021 Legislative Approvals

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Seyfarth Synopsis: On Saturday, October 9, 2021, Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will...more

Littler

California Further Restricts "Non-Disparagement" Provisions in Employment Settlement and Severance Agreements

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In 2019, California adopted several laws that restricted “non-disclosure" provisions in employment-related agreements.  Those laws, passed in the wake of the “me too” movement, limited non-disclosure provisions in settlement...more

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

California Imposes Significant New Restrictions on Severance and Settlement Agreements

On October 7, 2021, California Governor Gavin Newsom signed Senate Bill (SB) No. 331 into law. SB 331 is known as the “Silenced No More Act.” It amends California Code of Civil Procedure Section 1001 and the California Fair...more

Seyfarth Shaw LLP

New Restrictions in Settlement and Severance Agreements Headline Governor Newsom’s Final 2021 Legislative Approvals

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Seyfarth Synopsis: On Saturday, October 9, 2021 Governor Newsom signed the last of 2021’s pending employment-related bills, including a bill imposing even more restrictions on settlement agreements. The new laws will become...more

CDF Labor Law LLP

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

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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

Littler

Don’t Get Caught by Surprise – Oregon’s Workplace Fairness Act Provisions Take Effect October 1, 2020

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The final provisions of Oregon’s Workplace Fairness Act (OWFA) go into effect on October 1, 2020—less than a month away. All employers doing business in Oregon will need to make changes to their harassment policies and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Littler

WPI State of the States: New Year, New Legislative Trends

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The year 2020 is already shaping up to be quite active on the employment law front, and a quarter of U.S. states have yet to convene their 2020 legislative sessions. In January, over 800 labor and employment-related bills,...more

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