News & Analysis as of

Confidentiality Agreements Non-Disclosure Agreement Employment Discrimination

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

New York Federal Court Ruling Highlights a Potential Pitfall in Settlement Agreement Enforcement

On January 8, 2025, the U.S. District Court for the Eastern District of New York held that an employee’s refusal to sign a confidentiality and nondisparagement acknowledgment form annexed to a settlement agreement resolving...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

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Insights, Issue 4, December 2023

Attacks on Non-Disclosure, Confidentiality, and Non-Compete Agreements in 2023 - On several fronts in 2023, we saw federal agencies and entities attacking the scope and enforceability of certain employment agreements,...more

Jones Day

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

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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

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

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

K&L Gates LLP

Working Wise: Silenced No More: A Survey Across Three States

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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

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

BCLP

NDAs: The EHRC calls for employers to make important changes to their practices with settlement agreements

BCLP on

The Equality and Human Rights Commission has issued guidance on the use of confidentiality provisions in discrimination cases. The guidance, if followed in its entirety, would mean employers significantly changing the way...more

International Lawyers Network

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

Below are summaries of recent laws adopted in Washington State that could be interpreted as relating to the #MeToo movement. Some of them directly address sexual harassment and sexual assault; others are directed at providing...more

Morgan Lewis

UK Government Responds to Proposals to Prevent Misuse of NDAs in Harassment and Discrimination Cases

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The UK government has published its response to its proposals to prevent the misuse of nondisclosure agreements and confidentiality clauses in situations of workplace harassment or discrimination. While the UK government has...more

Littler

Oregon’s New Workplace Fairness Act Limits the Use of Nondisclosure Agreements, Requires Written Antiharassment Policies, and...

Littler on

Oregon just enacted comprehensive legislation that will have a potentially surprising impact on most Oregon workplaces. On June 11, 2019, Governor Kate Brown signed into law Senate Bill 726, also known as the Workplace...more

Fisher Phillips

New York Lawmakers Pass Game-Changing Reforms to State Discrimination Laws

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Still grappling with the expansive sexual harassment reforms passed last year, New York businesses and employers will soon need to manage through yet another expansive suite of amendments that will continue the state’s...more

Fisher Phillips

The Dangers of Weaponizing NDAS

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UK employers entering into non-disclosure agreements (NDAs) as part of their sexual harassment or discrimination settlements will begin to find the scope of their NDAs significantly limited. This article focuses on the latest...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

Orrick - Employment Law and Litigation

Don’t Stand So Close to Me: Ten California Sexual Harassment Bills to Watch

In tandem with the growing #MeToo movement, sexual harassment appears to be top of mind for California legislators in 2018. In the wake of Harvey Weinstein, Bill Cosby and the like, California has been flooded with an...more

Harris Beach Murtha PLLC

State Budget Bill Amends Laws on Sexual Harassment in the Workplace

Early on Saturday, March 31, 2018, the New York State Legislature passed a budget bill that includes several changes and additions to workplace sexual harassment law. Governor Andrew Cuomo applauded the measure as the...more

Fisher Phillips

Web Exclusive: March 2018: The Top 13 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes all through 2017. And if the first three months...more

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