News & Analysis as of

Contract Terms Settlement Agreements Employer Liability Issues

Orrick, Herrington & Sutcliffe LLP

Monthly Highlights – UK Employment Law – August 2025

In this month’s highlights, our team summarises the latest developments in UK employment law and their implications for employers. ...more

Venable LLP

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

Venable LLP on

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

BakerHostetler

Employers Beware: Broad Confidentiality and Severance Clauses May Violate Whistleblower Protection Laws

BakerHostetler on

Employers should check their confidentiality and severance agreements for a common oversight that, for some, is becoming a costly error. Recent enforcement activity by the Securities and Exchange Commission (SEC) of Rule...more

Polsinelli

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

Polsinelli on

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

BCLP

UK HR Two-Minute Monthly: March 2023

BCLP on

Our March update includes new cases on whether a “without prejudice” letter attaching a settlement agreement and referring to a termination by mutual agreement can be an effective dismissal letter, the role of written...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

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

California Supreme Court Gives Employee Two Bites of the Class Action Apple

On June 30, 2022, the Supreme Court of California issued a decision in Grande v. Eisenhower Medical Center, No. S261247, that could have a far-reaching impact on the relationships between staffing companies and their clients....more

Troutman Pepper Locke

California Now Prohibits No-Rehire Provisions in Certain Employee Settlement Agreements

Troutman Pepper Locke on

Q: My Company’s standard employment settlement agreement includes a no-rehire provision. Can I continue to include that provision for California employees?...more

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

Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but...more

Ervin Cohen & Jessup LLP

AB 749: Because California Needs More Lawsuits

Assembly Bill 749 is an unnecessary law that will only serve to incentivize more lawsuits between former employees and employers. Effective on January 1, 2020, AB 749 will prohibit an agreement to settle an employment dispute...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

Littler

You’re Rehired? New California Law Prohibits No-Rehire Provisions in Settlement Agreements

Littler on

Upending the longstanding practice of employers including no-rehire clauses in agreements resolving employment disputes, California Governor Gavin Newsom has signed a new law that will prohibit such provisions in employment...more

Littler

Settlement Agreements Cannot Prevent Nevada Employees from Disclosing Workplace Sex Discrimination or Harassment

Littler on

Under a new Nevada law, effective July 1, 2019, employers that settle certain allegations involving sex discrimination or sexual offenses will not be able to bar the claimant from talking about the existence of the...more

Franczek P.C.

Workplace Transparency Act Limits Confidentiality and Arbitration Provisions

Franczek P.C. on

This is our first in a series of alerts detailing key provisions of SB75, the anti-harassment legislation awaiting approval by Governor Pritzker. In this alert, we focus on Article I of SB75, which creates a new law entitled...more

Herbert Smith Freehills Kramer

New Jersey Enacts Ban on Non-Disclosure Provisions in Settlement Agreements Addressing Claims of Discrimination, Retaliation and...

Common employer practices related to employee claims of discrimination, harassment and retaliation are now prohibited by law in New Jersey. Bill S121, signed into law by Governor Phil Murphy on March 18, 2019...more

Seyfarth Shaw LLP

Pre-Dispute Arbitration Agreements And Non-Disclosure Provisions On The Chopping Block In New Jersey

Seyfarth Shaw LLP on

Seyfarth Synopsis: The New Jersey Legislature recently passed Senate Bill 121 affecting claims of discrimination, harassment, and retaliation, which if signed into law, would render any prospective waiver of rights against...more

Seyfarth Shaw LLP

California Responds to #MeToo: Three New Laws Limit Contractual Confidentiality

Seyfarth Shaw LLP on

Seyfarth Synopsis: For certain employment-related contracts, California legislation effective January 1, 2019, will limit efforts to prevent disclosure of information relating to claims of unlawful acts and sexual harassment...more

Seyfarth Shaw LLP

California Legislative Update: Sexual Harassment, Other Bills Await Governor’s Signature

Seyfarth Shaw LLP on

Seyfarth Synopsis: August 31 was the California Legislature’s last day to send bills to Governor Brown for his approval or veto by his September 30 deadline. Chief among them are bills addressing sexual harassment....more

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

Effectively Countering the NLRB’s Continued Obsession With Default Language in Informal Settlement Agreements

The majority of unfair labor practice (ULP) charges against employers are either withdrawn, dismissed or settled. My February 7, 2014 article discussed the former general counsel’s (GC) 2011 mandate (GC Memo 11-04) requiring...more

Mintz - Employment, Labor & Benefits...

California Non-Compete Update: No Re-Hire Provisions May be in Jeopardy, Especially for Large Employers

The Ninth Circuit Court of Appeals recently sent a case back to a district court to revisit its enforcement of a settlement agreement that prohibited an employee from future employment with the employer and any company the...more

Davis Wright Tremaine LLP

9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the...more

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