Recent Developments Impacting Confidentiality and Other Employment-Related Agreements
There are several significant developments affecting employers that may require your immediate attention:
- The SEC, in multiple recent decisions, sanctioned companies for including commonplace provisions in release agreements and other employment-related documents that it found discourages whistleblowers from volunteering information about possible securities law violations. The SEC’s position, which is similar to the approaches taken by the NLRB and EEOC, is aggressive and broad, and requires employers to review their employment-related documents, including company policies and other agreements with employees that include restrictions on the disclosure of company information, and revise them as needed. Read more about this development here.
- Congress passed the Defend Trade Secrets Act (DTSA), which requires certain agreements, including confidentiality agreements and consulting agreements, to inform employees of the law’s protections if the business wishes to avail itself of certain remedies afforded by the new law. More information about the DTSA can be found here.
- In jurisdictions within the Ninth Circuit, class action waivers in employment arbitration agreements are now unenforceable, according to a recent ruling that found such waivers interfere with employee concerted activity protected by federal labor law. The ruling essentially nullifies or dilutes the enforceability of certain arbitration agreements signed by employees in these jurisdictions.
Seminar Date:
September 22, 2016
Professional Practice Credits: 1.50
General Credits: 1.25
General Credits: 1.25
General Credits: 1.25
Streaming + MP4 Download
This Seminar is presented free of charge.