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New Mexico Prohibits Nondisclosure Agreements Related to Sexual Harassment, Discrimination, and Retaliation Claims

On March 4, 2020, New Mexico Governor Michelle Lujan Grisham signed into law House Bill 21, a bipartisan measure that limits the use of nondisclosure agreements (NDAs) in sexual misconduct cases. With the law’s enactment, New Mexico joins the growing number of states—including California, Illinois, New Jersey, New York, Oregon, and Washington—that restrict the use of confidentiality provisions in settlement agreements involving harassment and discrimination claims.

At-Will Employment Rule in New York: An Employer May Unilaterally Change Terms

On August 14, the New York Supreme Court Appellate Division, Second Department issued a decision in Minovici v. Belkin recognizing that the employment relationship under common law is presumed to be a hiring at will terminable at any time by either party. Even though the plaintiff and the employer had entered into a written contract under which the plaintiff was to move to the Netherlands to serve as information systems director, the employment contract did not establish a fixed duration of time of the employment.
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