Employment Contracts

New and Updated

• Date:

  March 24, 2023

  Type:

  News

  NLRB Limits on Separation Agreements Are Retroactive

  An NLRB ruling that nondisparagement or confidentiality clauses in separation agreements are unlawful if they would restrict or interfere with an employee's labor rights applies retroactively, according to a new General Counsel guidance memo.

• Type:

  Employment Law Guide

  Employee Discipline: New York

  Updated to reflect retaliation protections under the forthcoming Warehouse Worker Protection Act.

• Type:

  Employment Law Guide

  Employee Discipline: Colorado

  Updated to reflect retaliation protections in the Denver wage theft ordinance, effective January 10, 2023.

• Date:

  February 28, 2023

  Type:

  News

  NLRB Nixes Confidentiality, Nondisparagement Clauses in Separation Agreements

  The NLRB put the brakes on the use of nondisparagement and confidentiality clauses in separation agreements if they require employees to waive their rights under the National Labor Relations Act.

• Type:

  Employment Law Guide

  Employment Contracts and Restrictive Covenants: Federal

  Updated to reflect an NLRB ruling prohibiting the inclusion of confidentiality and nondisparagement agreements that restrict employees' rights to engage in protected concerted activity within separation agreements.

• Type:

  Employment Law Guide

  Employee Communications: New York

  Updated to reflect requirement that posters be made available electronically, effective December 16, 2022.

• Date:

  January 5, 2023

  Type:

  News

  FTC Intends to Ban Noncompete Agreements

  The Federal Trade Commission estimated that banning noncompete agreements would increase workers' total earnings by $250 to $296 billion per year.

• Type:

  Employment Law Guide

  Employment Contracts and Restrictive Covenants: Oregon

  Updated to reflect amendments to the Oregon Workplace Fairness Act, effective January 1, 2023.

• Type:

  Employment Law Guide

  Employee Communications: California

  Updated to reflect amendments regarding businesses required to post a human trafficking notice, effective January 1, 2023.

• Type:

  Legal Timetable

  Nondisclosure Agreements and Nondisparagement Clauses Pertaining to Sexual Harassment and Assault Prohibited