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Retaliation Non-Disclosure Agreement Employment Discrimination

Fisher Phillips

End of NY Legislative Session Leaves Employers Watching Key Workplace Bills

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New York’s two-year 2025-2026 legislative session hit its midpoint in June, with lawmakers wrapping up the first year by passing a slew of workplace-related bills that now await action from Governor Hochul. As federal labor...more

Fisher Phillips

Congress Considers AI Whistleblower Law: What Employers Need to Know Now

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A bipartisan bill pending before Congress would make it illegal to retaliate against employees who speak up about AI-related risks. Senators from both sides of the aisle introduced the AI Whistleblower Protection Act (S....more

Ankura

The Hidden Influence: How Culture Shapes Workplace Investigations

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The typical 40-hour workweek, small teams, workload pressures, and frequent interactions can build intimate working relationships, mirroring those of domestic ones. But alongside the benefits, these working relationships can...more

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

Foley & Lardner LLP

Choosing Substance Over Form: New Jersey Supreme Court Declares That Non-Disclosure Clauses Masquerading as Non-Disparagement...

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Since certain amendments in 2019, it has been widely recognized that Section 10:5-12.8 of New Jersey’s Law Against Discrimination (N.J.S.A. 10:5-12.8) prohibits non-disclosure provisions in employment agreements or employee...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

Cole Schotz

UPDATE: New York State Amendments Affecting Employee Anti-Discrimination Protections

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A SNAPSHOT OF WHAT YOU NEED TO KNOW- • New York Governor Kathy Hochul recently signed into law two bills impacting employment discrimination protections in the State. • The first bill prohibits liquidated damages and...more

Patterson Belknap Webb & Tyler LLP

2023 Amendments to General Obligations Law 5-336

On November 17, 2023, New York State Governor Kathy Hochul signed into law Senate Bill 4516, amending General Obligation Law Section 5-336 (GOL 5-336). As set forth in our earlier alert from when the law was first enacted,...more

Orrick, Herrington & Sutcliffe LLP

New York Revises Law on Non-Disclosure Provisions in Settlements of Harassment, Discrimination and/or Retaliation Allegations:...

New York has amended its law on non-disclosure provisions in settlement agreements when those provisions seek to keep confidential the factual foundation of alleged sexual harassment, discrimination and retaliation....more

Seyfarth Shaw LLP

Navigating New York’s Revised Legal Framework for Settlement Agreements

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On November 17, 2023, New York Governor Kathy Hochul signed into law S4516, a significant amendment to Section 5-336 of the New York General Obligations Law. This legislation marks a critical expansion in the state's ongoing...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

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

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

Cooley LLP

Washington State’s Silenced No More Act: What Employers Need to Know

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Background Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or...more

Buchalter

Washington State’s “Silenced No More Act” Curtails the Use of Nondisclosure and Nondisparagement Provisions in Employment...

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Effective June 9, 2022, Washington State’s Silenced No More Act (the “Act”) will prohibit nondisclosure and nondisparagement provisions regarding illegal acts of discrimination, harassment, retaliation, wage and hour...more

Fisher Phillips

“Do Speak!” No Doubt that Washington Employers Must Rethink Nondisclosure Agreements Given Sweeping New Law

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Washington employers are already prohibited from using employment agreements that restrict workers from disclosing claims of workplace sexual assault and sexual harassment – but will soon be unable to use nondisclosure...more

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

Washington’s ‘Silenced No More Act’ Would Limit Use of Nondisclosure and Nondisparagement Provisions in Employment Agreements

The Washington Legislature recently voted to send the Silenced No More Act (Engrossed Substitute House Bill [ESHB] 1795) to Governor Jay Inslee’s desk for signature. As currently drafted, the proposed legislation would...more

Fisher Phillips

Employers Take Note: California Employees Can Be “Silenced No More” In Workplace Settlement Agreements

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In a sweeping expansion of existing law, Governor Gavin Newsom signed legislation yesterday that broadly prohibits non-disclosure clauses in settlement agreements involving workplace harassment or discrimination on any...more

Constangy, Brooks, Smith & Prophete, LLP

Big Trouble In New York State: Legislation Would Further Expand Sexual Harassment And Other Discrimination Laws

In 2018, New York State and New York City lawmakers toughened their sexual harassment laws. But New York State lawmakers were not done. A few days ago, they passed a bill that would dramatically expand existing sexual...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

Bradley Arant Boult Cummings LLP

Bag the Gag Provision: New Jersey Is the Latest State to Restrict Non-disclosure Agreements in Settlements

You finally settled that tough discrimination or harassment claim. Now you just need to ink the settlement agreement, and obviously it will include a standard non-disclosure clause to prevent your claimant from ever talking...more

Benesch

Legal Trends: The #MeToo Movement’s Influence on Certain State Laws Relating to Nondisclosure Agreements

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New Jersey recently enacted new legislation (NJ SB 121) that deems the inclusion of nondisclosure provisions regarding “the details relating to a discrimination, retaliation, or harassment claim” as against public policy and...more

Vedder Price

New Jersey Prohibits Nondisclosure Agreements and Waivers of Rights in Connection with Discrimination, Retaliation or Harassment...

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In response to the increased attention on sexual harassment claims and settlements, New Jersey has enacted new legislation (New Jersey Senate Bill 121, which amends the New Jersey Law Against Discrimination (“NJLAD”)) that...more

Constangy, Brooks, Smith & Prophete, LLP

NJ Ban On Nondisclosure Agreements: What Does It Mean For Employers?

New Jersey Governor Phil Murphy (D) signed into law last month legislation that bans nondisclosure agreements in cases alleging discrimination, retaliation, or harassment. More precisely, what the law does is say that...more

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