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Negotiating and Enforcing Anti-Disparagement Clauses: A Primer for Employers

Ogletree Deakins • January 28, 2020
Severance and litigation settlement agreements often include a provision that prohibits one or more of the parties from making “disparaging” statements about the other. Such non-disparagement clauses are commonly used, but infrequently litigated. Consequently, employers negotiating these terms (as well as their counsel) may not be familiar with how they might be triggered and the practical effects of trying to enforce them. Here are a few thoughts for employers considering incorporating non-disparagement clauses in their settlement agreements.

Coronavirus Guide For Employers: Be Proactive, But Don’t Panic

Fisher Phillips • January 28, 2020
Although news outlets may be preoccupied with alarming updates about the spread of coronavirus – including several cases identified in the United States – employers don’t need to panic quite yet. As of today, the Centers for Disease Control and Prevention has labeled the current coronavirus outbreak as a serious public health threat but one where the immediate health risk to the general American public is considered low.

Coronavirus Concerns in the Workplace

Jackson Lewis P.C. • January 28, 2020
News of an outbreak of a new coronavirus first identified in Wuhan, Hubei Province, China raises issues for employers and employees about the appropriate workplace responses.

Federal Trade Commission Workshop: Non-Competes in the Crosshairs?

Jackson Lewis P.C. • January 28, 2020
The use of non-competition agreements between employers and employees has raised concerns at the Federal Trade Commission (FTC). On January 9, 2020, the agency held a program “to examine whether there is a sufficient legal basis and empirical economic support to promulgate a Commission Rule that would restrict the use of non-compete clauses in employer-employee employment contracts.”

Coronavirus Raises Privacy Concerns for Healthcare Providers and their Workers

Jackson Lewis P.C. • January 28, 2020
The outbreak of a new coronavirus that is believed to have began in central Chinese city of Wuhan and now appears to be spreading to the United States is driving concerns for organizations around preparedness regarding their operations, their customers, and their employees. Both the Center for Disease Control and Prevention (CDC) and the State Department have issued travel advisories, and the CDC asks everyone who traveled to Wuhan in the last 14 days and experiences symptoms to seek medical care immediately.

Privacy & Cybersecurity Issues to Watch in 2020

Jackson Lewis P.C. • January 28, 2020
2020 may very well be the most impactful year for data privacy and cybersecurity in the United States. In honor of Data Privacy Day, we discuss some of the reasons why that may be the case. In short, as privacy and cybersecurity risks continue to emerge for organizations large and small, the law is beginning to catch up which is prompting a significant uptick in compliance efforts.

Cal/OSHA Standards Board Approves Employee IIPP Access Rule

Jackson Lewis P.C. • January 28, 2020
As previously addressed by the OSHA Law Blog, California’s Occupational Safety and Health Standards Board (“Standards Board”) considered a proposed standard that would allow employee access to their employer’s Injury and Illness Prevention Plan (“IIPP”). During its January 16th, 2020 meeting the Standards Board approved the proposed rule, which is now expected to take affect on January 1, 2021.

New Jersey Laws Aimed at Misclassification of Independent Contractors

Jackson Lewis P.C. • January 28, 2020
New Jersey has enacted a series of laws designed to penalize companies that misclassify individuals as independent contractors.

New Jersey Amends its Wage Statement Requirements

Littler Mendelson, P.C. • January 28, 2020
Among the 153 bills Governor Phil Murphy signed into law on January 21, 2020 was Senate Bill 1791, which amends the New Jersey Wage Payment Law (WPL) to require employers to provide additional information on employees’ wage statements.

Illinois Employers Are Due for a Check-Up: 2020 Paid Sick Leave Updates

Littler Mendelson, P.C. • January 28, 2020
As “Super Sick Monday” approaches, employers will review their sick leave policies and procedures to ensure that operations are not “sacked” by excessive absenteeism the day after the Super Bowl, and that an enforcement agency does not throw a flag on the play. Because sometimes the best offense is a good defense, periodic policy review can help employers confirm, “It’s good!” to reach their goal of compliance. Just as Bears fans are already looking to next season, employers with Illinois operations should look further afield to determine whether and how local (or possibly statewide) paid sick leave changes later in 2020 could affect them.
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