News & Analysis as of

State Labor Laws Confidentiality Agreements Sexual Harassment

Vorys, Sater, Seymour and Pease LLP

Texas Invalidates Confidentiality Clauses in Sexual Abuse Cases

Effective September 1, 2025, Texas employers must comply with Trey’s Law (S.B. No. 835), a new law that voids certain confidentiality and nondisclosure clauses related to sexual abuse. This legislation echoes a growing...more

Littler

Utah Enacts New #MeToo-Inspired Law Related to Confidentiality Clauses

Littler on

Utah joins the growing list of states, including California, New Jersey and New York, enacting their own #MeToo-inspired laws prohibiting confidentiality clauses regarding sexual misconduct. The #MeToo movement seeks to limit...more

Herbert Smith Freehills Kramer

New York State Requires Employers To Modify Provisions in Separation and Settlement Agreements

On Nov. 17, 2023, Gov. Kathy Hochul signed into law amendments to New York’s General Obligations Law § 5-336 that prohibit the use of certain terms in release agreements. The amendments are principally intended to strengthen...more

FordHarrison

New York Employers Now Face Yet Another Change in their Ability to Obtain Confidentiality and Enforcement of Nondisparagement...

FordHarrison on

New York employers who use separation agreements or settle claims of harassment, discrimination, or retaliation must ensure they comply with a new amendment to Section 5-336 of the New York General Obligations Law....more

Troutman Pepper Locke

Virginia Legislature Makes Changes to Employment Law

Troutman Pepper Locke on

During Virginia's 2023 legislative session, a number of changes impacting employment law were passed and signed into law by Governor Glenn Youngkin. Those laws will become effective July 1. The following briefly describes...more

Williams Mullen

Virginia Expands Nondisclosure Agreement Law to Include Sexual Harassment Claims

Williams Mullen on

On March 26, 2023, Governor Glenn Youngkin signed HB 1895 into law which will amend Virginia Code § 40.1-28.1, entitled, “Nondisclosure or confidentiality agreement; provisions regarding sexual assault; condition of...more

Littler

Virginia’s Legislative Session Concludes with a Handful of New Employment Laws

Littler on

The 2023 Virginia legislative session closed last month with substantially less activity than we have seen in recent years, in light of the politically divided government in the Commonwealth. The following briefly describes...more

K&L Gates LLP

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

K&L Gates LLP on

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

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

Payne & Fears

Key California Employment Law Cases: November 2020

Payne & Fears on

Semprini v. Wedbush Securities., Inc., 57 Cal. App. 5th 246 (2020) - Summary: A compensation plan based solely on commissions, with recoverable advances on future commissions, does not qualify as “salary” for purposes of...more

Epstein Becker & Green

#WorkforceWednesday: Sick Leave in New York, California Law Update, and Oregon’s Workplace Fairness Act Takes Effect

Epstein Becker & Green on

Welcome to #WorkforceWednesday. This week, we have updates on a range of new laws taking effect in New York City, California, and Oregon. NYC Amends Sick Leave Law to Match State Law New York City recently amended its...more

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

New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New...more

Skadden, Arps, Slate, Meagher & Flom LLP

Growing State Anti-Discrimination and Anti-Harassment Protections Create Patchwork of Regulations for Employers

The #MeToo Movement, now in its third year, continued its evolution from grassroots activism to legislative change in 2019, with new laws addressing discrimination and harassment emerging from state governments and resulting...more

Sheppard Mullin Richter & Hampton LLP

The Time Is Now for Employers in Illinois to Abide by New Laws

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

Jackson Lewis P.C.

Virginia’s New Restrictions On Nondisclosure, Confidentiality Agreements Affect The Workplace

Jackson Lewis P.C. on

A new Virginia statute limits employers’ use of nondisclosure and confidentiality agreements with respect to “sexual assault” as a condition of employment. Under the new law, “Nondisclosure or Confidentiality Agreements;...more

Proskauer - Law and the Workplace

[Podcast]: California's Legislative Response to the #MeToo Movement

In this episode of The Proskauer Brief, partners Tony Oncidi and Kate Gold discuss California’s most recent legislative response to the #MeToo movement.  These developments include new restrictions on confidentiality and...more

Harris Beach Murtha PLLC

New York State Updates Guidance on Harassment Prevention and Policies

Harris Beach Murtha PLLC on

New York State’s frequently asked questions (FAQ) guidance on harassment prevention has been updated to reflect several recent amendments to workplace harassment law. While the guidance is tailored to address sexual...more

Epstein Becker & Green

New York Releases Updated Guidance on Expansion of State Human Rights Law

Epstein Becker & Green on

New York State has updated its guidance on the new rules under the New York State Human Rights Law (“NYSHRL”) regarding discrimination, harassment, and retaliation claims. In particular, the Frequently Asked Questions...more

Hogan Lovells

Important Changes Coming to Nondisclosure Agreements in New York

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Later this week, on October 11, 2019, several important changes are coming to the New York Human Rights Law (“NYHRL”). As you may recall, last year the New York legislature enacted legislation prohibiting employers from...more

International Lawyers Network

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

SEXUAL HARASSMENT IN THE WORKPLACE: WHAT US: MULTI-STATE COMPANIES NEED TO KNOW - We include the 2018 chapter in its entirety for reference following the 2019 update. 2019 Update - In the wake the of the #MeToo...more

Harris Beach Murtha PLLC

Governor Signs Amendments Expanding New York State’s Workplace Harassment Law

On Monday, August 12, 2019, New York Governor Andrew Cuomo signed off on a major expansion of the state's workplace harassment and anti-discrimination law. Although the measures were passed by the State Legislature against...more

Ballard Spahr LLP

New York Dramatically Changes Harassment/Discrimination Landscape for Employers

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New York Governor Andrew Cuomo signed into law yesterday a bill which will dramatically alter the way discrimination and harassment claims are treated in New York....more

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

Washington State Takes on the Arbitration of Harassment and Discrimination Claims

Like many other states, Washington recently adopted legislation seemingly preventing the arbitration of harassment and discrimination claims in direct response to the #MeToo movement. As we previously reported, on March...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

Fisher Phillips on

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

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