News & Analysis as of

Severance Agreements Employer Liability Issues Separation Agreement

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

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In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

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

Three Key Considerations in Crafting Effective Multistate Separation Agreements

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

Polsinelli

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

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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

Ballard Spahr LLP

NLRB Seeks Enforcement Of Ruling On Separation Agreements

Ballard Spahr LLP on

The focus remains on the National Labor Relations Board’s (Board or NLRB) ruling in February that asking employees to sign separation agreements with confidentiality and non-disparagement clauses is unlawful. Most recently,...more

Dorsey & Whitney LLP

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

Parker Poe Adams & Bernstein LLP

NLRB Takes Aim at Employee Separation Agreements

Over the last several months, the National Labor Relations Board (NLRB) has taken a paring knife to employers’ ability to strategically use separation agreements with employees. On February 21, the NLRB reinstated its prior...more

Harris Beach Murtha PLLC

NLRB Decision Limits Use of Non-Disparagement and Confidentiality Provisions

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision that returns to previous precedent, holding that employers may not offer employees severance agreements that require employees to...more

Eversheds Sutherland (US) LLP

Speak no evil - NLRB nixes broad non-disparagement and confidentiality clauses in employee severance agreements

It is hardly a secret that most employers routinely incorporate confidentiality and non-disparagement obligations in severance agreements for departing employees. On February 21, 2023, the National Labor Relations Board...more

WilmerHale

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Dorsey & Whitney LLP

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

Miles & Stockbridge P.C.

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Morrison & Foerster LLP

Key Considerations for Navigating Workforce Reductions During Uncertain Economic Times

With a potential recession looming and a growing number of companies announcing significant layoffs almost daily, employers are increasingly considering reductions in force (RIFs) to weather the financial uncertainty in the...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

Littler

New Year, New Workplace Fairness Act Requirements for Oregon Employers

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Since October 1, 2020, Oregon employers have operated under the Workplace Fairness Act (“OWFA”), which restricts employers from including confidentiality, non-disparagement, and no-rehire provisions in settlement agreements...more

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