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Sexual Harassment Confidentiality Agreements Employer Liability Issues

Dorsey & Whitney LLP

My Employees Have Seen Too Much. Can I Make Them An Offer They Can’t Refuse?

Dorsey & Whitney LLP on

It is common knowledge that employers have a vested interest in the confidentiality and discretion of their employees, especially in emerging or sensitive industries. ...more

Seyfarth Shaw LLP

In defence of non-disclosure agreements

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Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...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

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

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

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

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

BakerHostetler

Washington Employers: Take Caution Before Asking Your Employees To Sign Confidentiality and Nondisparagement Agreements

BakerHostetler on

​​​​​​​For years, employers have insisted that confidentiality and nondisparagement agreements be included in settlement agreements in a variety of employment disputes, such as discrimination, harassment, wage and hour, and...more

Payne & Fears

Key California Employment Law Cases: November 2020

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Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Davis Wright Tremaine LLP

OWFA Requires New Policies and Practices for All Oregon Employers Starting October 1

Every employer with at least one Oregon employee must comply with the Oregon Workplace Fairness Act (OWFA) as of October 1, 2020. New requirements include: (1) Enacting a new written anti-discrimination policy containing...more

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

New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New...more

Morgan Lewis

EHRC Issues Guidance on Workplace Harassment and Sexual Harassment

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The UK’s Equality and Human Rights Commission (EHRC) has issued technical guidance setting out a detailed explanation of the law relating to harassment and sexual harassment, and offering employers practical recommendations...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Jackson Lewis P.C.

Virginia’s New Restrictions On Nondisclosure, Confidentiality Agreements Affect The Workplace

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A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment. Under the new law, “Nondisclosure or Confidentiality Agreements;...more

Harris Beach PLLC

New York State Updates Guidance on Harassment Prevention and Policies

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New York State’s frequently asked questions (FAQ) guidance on harassment prevention has been updated to reflect several recent amendments to workplace harassment law. While the guidance is tailored to address sexual...more

Epstein Becker & Green

New York Releases Updated Guidance on Expansion of State Human Rights Law

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New York State has updated its guidance on the new rules under the New York State Human Rights Law (“NYSHRL”) regarding discrimination, harassment, and retaliation claims. In particular, the Frequently Asked Questions...more

Hogan Lovells

Employment News: harassment, employment status, religion and belief, IP

Hogan Lovells on

Further developments in relation to harassment - The EAT confirmed in Bessong v Pennine Care NHS Foundation Trust that as the law currently stands employers will not generally be liable for third party harassment of...more

Dechert LLP

New Guidance on the Use of Confidentiality Agreements

Dechert LLP on

This OnPoint reports on the guidance recently issued by the Equality and Human Rights Commission (EHRC) on the use of confidentiality agreements. Whilst it does not have statutory force, the EHRC guidance provides further...more

Hogan Lovells

Important Changes Coming to Nondisclosure Agreements in New York

Hogan Lovells on

Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”). As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more

International Lawyers Network

Sexual Harassment In The Workplace: What Scottish Companies Need To Know

We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: What Your Company Needs to...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

Dechert LLP

NDA and Confidentiality Provisions in Severance and Other Agreements – What Should Employers be Doing Now?

Dechert LLP on

The debate continues in the United Kingdom as to how non-disclosure and confidentiality agreements should be regulated to combat their abuse, particularly in cases of harassment and discrimination. In this OnPoint we consider...more

Harris Beach PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

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On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

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