Nondisclosure Agreements

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 requiring nondisclosure sexual harassment claims in Nondisclosure Agreements (“NDA”) unless the employee requests confidentiality.  As of next week, that prohibition

Recent #MeToo-inspired media attention to workplace sexual harassment claims has caused a number of states to pass employee-friendly legislation intended to help prevent such conduct. On March 18, 2019, New Jersey Governor Phil Murphy joined the trend, signing into law a bill that, among other things, targets the use of so-called non-disclosure provisions in employment

Employers and employees entering into separation or settlement agreements have traditionally agreed to nondisclosure clauses that prohibit disclosure of the agreement or the circumstances leading to its execution. Although these clauses have not previously been subject to much controversy and considered to provide valuable closure for employer and employee, the #MeToo movement has generated much