News & Analysis as of

Confidentiality Agreements New Legislation

Vorys, Sater, Seymour and Pease LLP

Texas Invalidates Confidentiality Clauses in Sexual Abuse Cases

Effective September 1, 2025, Texas employers must comply with Trey’s Law (S.B. No. 835), a new law that voids certain confidentiality and nondisclosure clauses related to sexual abuse. This legislation echoes a growing...more

Fisher Phillips

Texas Bars Contract Provisions Preventing Disclosure of Sexual Abuse: Here’s What Employers Need to Know

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Texas employers will need to ensure workplace confidentiality agreements don’t prevent disclosure of sexual abuse or sexual assault in violation of a new law that takes effect on September 1. SB 835, which is known as “Trey’s...more

Foley & Lardner LLP

Noncompetes in Flux: What Else Can Employers Do to Protect Themselves?

Foley & Lardner LLP on

As we continue to report, noncompete agreements have been subject to unprecedented scrutiny over the past few years. Last April, the Federal Trade Commission (FTC) finalized a rule (“Final Rule”) ostensibly banning...more

Davis Wright Tremaine LLP

California’s Non-Compete Long Arm: What Healthcare Organizations Need to Know After the FTC’s Nationwide Noncompete Ban Gambit Has...

In one of the most highly anticipated court rulings of the summer, the U.S. District Court for the Northern District of Texas set aside the FTC’s Non-Compete Rule (“Rule”), which would have effectively banned most...more

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

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

Jones Day

New York State Limits Remedies for Breach of Nondisclosure Provisions in Settlement Agreements

Jones Day on

On November 17, 2023, New York Governor Kathy Hochul signed a law—which is effective immediately—banning clauses in agreements settling discrimination, retaliation, or harassment claims from requiring a complainant to pay...more

Fisher Phillips

PEO Pointers: 2-Step Plan to Comply with Surprising New California Non-Compete Law

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance. Today’s topic: new...more

CDF Labor Law LLP

[Webinar] New California Employment Laws and Developments for 2024 - November 28th, 9:30 am - 11:00 am PT

CDF Labor Law LLP on

Join us for an in-depth complimentary webinar on November 28, 2023, from 9:30 a.m. to 11:00 a.m. (Pacific Time), presented by CDF Partners Mark S. Spring and Desiree J. Ho. This “Year in Review” webinar will cover 2023’s new...more

Kohrman Jackson & Krantz LLP

New York May Ban Non-Competes as Bill Awaits Governor’s Signature

New York may join several other states that have essentially banned post-employment non-compete agreements, including California, Minnesota, North Dakota, and Oklahoma. Governor Kathy Hochul is considering a bill that was...more

Foley & Lardner LLP

New York State’s Non-Compete Ban Set to Reach Governor’s Desk

Foley & Lardner LLP on

New York State appears set to join the growing number of jurisdictions prohibiting or significantly limiting the use of employment non-compete agreements. The Empire State’s non-compete ban (Bill No. S3100A), which was...more

Lathrop GPM

Minnesota Non-compete Ban Signed into Law

Lathrop GPM on

On May 24, 2023, Governor Walz signed off on Minnesota legislation prohibiting employers from entering into non-compete agreements with employees or independent contractors. How will this new law affect your business? What...more

Husch Blackwell LLP

Governor Walz Signs into Law Non-Compete Ban in Minnesota

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Non-compete agreements are often an important part of a business deal or a severance agreement. Under a typical non-compete, a former employee of a company agrees not to compete with a former employer after the employment...more

Parker Poe Adams & Bernstein LLP

Noncompetes in the Crosshairs: Safeguarding the Company's Secret Sauce in the New World of Employee Mobility

Venture capitalists refer to “secret sauce” as the differentiator that gives one startup the edge over competitors. The secret sauce, properly protected, is a trade secret. However, employee turnover can threaten the secret...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

Smith Debnam Narron Drake Saintsing & Myers,...

Use of Pre-Dispute Confidentiality Provisions Regarding Sexual Harassment Will Soon Fall by the Wayside

In March of 2022, we reported the passage of landmark legislation paving a clearer path for individuals to pursue workplace sexual harassment and sexual assault claims in court. The Ending Forced Arbitration of Sexual Assault...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

Fisher Phillips

Florida Increases School Obligations Under the New Educator Conduct Act

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After unanimous approval by both Florida’s Senate and House, Governor Ron DeSantis signed the Educator Conduct Act on June 21, amending several sections of the state’s K-20 Education Code and imposing new statutory...more

Fisher Phillips

Washington, D.C. Passes Legislation Banning Non-Compete Agreements: A 5-Step Action Plan For Employers

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Washington, D.C. Mayor Muriel Bowser just signed into law one of the most restrictive pieces of legislation in the nation relating to employers’ use of non-compete agreements to prevent employees from working for competitors....more

Epstein Becker & Green

#WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect

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Welcome to #WorkforceWednesday. This week, we have updates on a range of new laws taking effect in New York City, California, and Oregon. NYC Amends Sick Leave Law to Match State Law New York City recently amended its...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

Harris Beach Murtha PLLC

Developments in New York State Labor and Employment Law – What You Need to Know in 2020

Lawmakers introduced and passed several bills in 2019 as part of an aggressive agenda to overhaul New York employment laws. Harris Beach attorneys Lindsey Zullo, Dan Palermo, Ibby Tariq and Taylor Ventre discuss a host of...more

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

Are You in Compliance? Rhode Island and New Hampshire Restrict Noncompetition Agreements

As 2020 approaches, employers in New England may want to review their noncompetition agreements to determine whether they comply with recently enacted laws in Rhode Island and New Hampshire. In 2019, both states passed laws...more

Tarter Krinsky & Drogin LLP

Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction

In this episode of Tarter Krinsky & Drogin's podcast series Law Brief, Non-Competes Are Not So Bad! The Current Law and Why Proposed Legislation in Congress is an Overreaction, Restrictive Covenant co-chair and Labor &...more

Laner Muchin, Ltd.

The Clock Is Ticking On Changes Required Now That The Governor Has Signed SB 75, Which Includes The Workplace Transparency Act

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On Friday, August 9, 2019, Governor Pritzker signed SB 75, as part of a massive overhaul of employment laws that were passed by the Legislature earlier this year, and which we summarized previously. While requirements...more

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