Attorneys provide an update on the National Labor Relations Board’s decision that nondisparagement and confidentiality provisions in severance agreements are unlawful. They clarify previously unsettled issues and factors to keep in mind when drafting severance and settlement.
NLRB held that severance agreements containing certain nondisparagement and confidentiality clauses interfere with employee rights under Section 7 of the NLRA. The decision will impact employer severance agreements with both non unionized and unionized employees.
Biden signed the bipartisan Speak Out Act passed the Senate by unanimous consent on September 29 and the House with a roll call vote of 315 to 109. The Act applies to claims filed on or after December 7, 2022. The act limits NDAs relating to sexual harassment claims.
out of her job, she says, a few months after this meeting. she ended up filing an age discrimination suit against the state. but what was so interesting was that she could not answer a lot of the questions in this hearing yesterday about why she was forced out because under the settlement agreement she has a nondisparagement clause. and so she was not able to explain the reasons that she thinks she was forced out of her job. but a lot of lawmakers including kristi noem s new opponent, who is challenging her in the governor s race next year want that nondisparagement clause to be lifted for this former state employee so that she can really talk about what went on in this meeting, and whether noem had a role in forcing her out. so south dakota has very weak sunshine laws on accountability for lawmakers, so it is unclear whether we re ever really going to get all the details on this,
those nondisclosure agreements with a nondisparagement clause. it s a signal to them and everyone else still around the white house and the people who left the white house or never went into the white house after the campaign that he will come after them if they say what they heard or what they saw in this particular way. it s extraordinary as well because this is a person, omarosa is a person, who actually worked in the white house. public officials are typically not subject to this kind of confidentiality agreement. they have to sign something that says i will not disclose classified information to someone without the proper clearance. but they don t it s the opposite when you re a federal employee. you are supposed to say what you saw and what you witnessed if you see something inappropriate or see wrongdoing. and if you re the president of the united states, and if this never happened, if he never used there s a lot she says. the one thing in particular is she has a tape of h