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Severance Agreements Employer Liability Issues Today's Popular Updates

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

Hogan Lovells

NLRB GC clarifies legality of non-disparagement and confidentiality clauses in severance agreements

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Following the National Labor Relations Board’s (NLRB or Board) recent decision in McLaren Macomb, 372 NLRB No. 58 (Feb. 21, 2023) (Decision), on March 22, 2023, NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Releases Memo Concerning Confidentiality and Non-Disparagement Clauses in Severance Agreements Post-McLaren

On March 22, 2023 Jennifer Abruzzo, General Counsel (“GC”) of the National Labor Relations Board (“NLRB” or the “Board”) issued a memorandum intended to assist the Regions in responding to inquiries regarding the Board...more

Ballard Spahr LLP

NLRB Establishes New Restrictions on Severance Agreements

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The National Labor Relations Board (NLRB) has ruled that an employer violates Section 8(a)(1) of the National Labor Relations Act when the employer uses employee severance agreements with provisions restricting employees’...more

Jackson Lewis P.C.

NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement And Full Back Pay

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The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to employees laid off shortly after an election in violation of the National...more

Payne & Fears

Non-Compete and Trade Secret Law in Utah: What’s Changed, What Hasn’t Changed and How to Prepare for What’s Ahead

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The general rule in the United States has historically permitted non-competition agreements when they are reasonable in time and geographic scope. California has been the leading exception. Business and Professions Code...more

Littler

OSHA Joins the SEC in Attacking Confidentiality and Other Provisions in Private Settlement Agreements

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On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing...more

Burr & Forman

SEC Fines Company for Agreements Restricting Whistleblowers

Burr & Forman on

The SEC has fined an Atlanta company $265,000 for using various severance agreements restricting whistleblower activities. The Dodd-Frank Act added ’34 Act § 21F encouraging whistleblower programs. The SEC adopted Rule...more

Fisher Phillips

SEC Cracks Down On Anti-Whistleblower Severance Agreements

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The federal Securities and Exchange Commission (SEC) has issued six-figure fines to two different employers in the past several weeks, claiming that each crafted restrictive severance agreements that violated agency rules...more

Womble Bond Dickinson

Companies Should Revisit Severance and Other Agreements as the SEC Steps Up Enforcement Actions to Protect Whistleblower Rights

Womble Bond Dickinson on

In less than one week, the Securities and Exchange Commission (“SEC”) announced enforcement actions against two companies that had required their departing employees to waive their rights to any monetary recovery under the...more

Mintz - Employment, Labor & Benefits...

Federal Court Allows Terminated Employee to Proceed with Age Discrimination Claim Despite Her Execution of a Release of Claims

A recent Colorado federal court decision serves as a good reminder to employers on how not to obtain a release of claims from a terminated employee. For starters, don’t tell the employee her job is being eliminated and then...more

Foley & Lardner LLP

SEC Blows the Whistle on Confidentiality Agreements

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Thanks to a recent enforcement action brought by the U.S. Securities and Exchange Commission (SEC), it may be time to review and revise the confidentiality provisions in employment agreements, severance agreements, employee...more

NAVEX

SEC’s 2014 Report on Dodd-Frank Whistleblowing Program: Key Takeaways and Trends Companies Should Expect for 2015

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On November 17, the U.S. Securities and Exchange Commission issued its 2014 Annual Report to Congress on the Dodd-Frank Whistleblower Program and it is clear that the program is going strong. Following are six key takeaways...more

JD Supra Perspectives

Hiring & Firing: What Does a Successful Separation Agreement Between Employer & Employee Look Like?

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In light of recent lawsuits by the EEOC against companies with overly broad or misleading severance agreements, we asked our contributors: What exactly is a successful separation agreement between employer and employee?...more

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