Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?

A: Nearly five months after Senator Kirsten Gillibrand (D-NY) first introduced the bipartisan Speak Out Act, President Joe Biden signed it into law on December 7, 2022. The Speak Out Act bars judicial enforcement of nondisclosure and nondisparagement clauses concerning sexual assault and sexual harassment allegations if entered into “before the dispute arises.” This ensures that “victims and survivors have the freedom to report and publicly disclose their abuse,” while still allowing employers to use nondisclosure and nondisparagement clauses in resolving a dispute once it has arisen.Continue Reading Biden’s “Speak Out Act” Bars Use of Nondisclosure and Nondisparagement Agreements to Restrict Sexual Harassment and Sexual Assault Allegations

In Episode 5 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Troutman Pepper Partners Ashley Hager and Lynne Wakefield to discuss the hit show The Handmaid’s Tale and lessons learned about corporate abortion policies. Tune in to hear a lively conversation about what companies can do if they want to offer abortion benefits, including travel benefits, and the risks and challenges of implementing such benefits.
Continue Reading What Can The Handmaid’s Tale Teach Us About Corporate Abortion Policies?

AUTHORS
Ashley Hager, Partner, Troutman Sanders
Seth Ford, Partner, Troutman Sanders
Emily Reber, Associate, Troutman Sanders
Tracey Diamond, Of Counsel, Pepper Hamilton

We are continuing our series of guidance on the new issues facing employers during the COVID-19 outbreak. In our last post, Coronavirus and OSHA: What Employers Need to Know,

Since we first covered it a few weeks ago, the outbreak of coronavirus (COVID-19) has had an unprecedented impact and is no longer simply making headlines. It has now begun interrupting the flow of business – impacting financial markets, disrupting travel plans, and forcing the cancellation of meetings and events. (To the great disappointment of

For two months, an outbreak of a novel coronavirus (COVID-19) has been spreading rapidly across the world. Is your company prepared to handle the issues that will arise if the virus spreads to your community or even becomes a pandemic? In this presentation, Ashley Hager will discuss tips for managing your workforce in light of

Summary

A nationwide junction was issued Tuesday evening blocking implementation of the U.S. Department of Labor’s new rules increasing the minimum salary levels required for most white collar exemptions. These new rules had been scheduled to go into effect on December 1, and would have raised the minimum annual salary level for most exemptions from $23,660 to $47,476. The injunction halts enforcement of the rule until the Department of Labor receives a contrary order from the issuing court or an appellate court. But, since Texas is in the Fifth Circuit, which is a traditionally conservative court, the Department of Labor faces an uphill climb and it is unlikely that the new rules will go into effect in the foreseeable future.
Continue Reading Nationwide Injunction Prohibits Implementation of the Department of Labor’s New Overtime Rules

On November 19, 2013, a trade association representing construction-related firms, Associated Builders and Contractors, Inc., filed a complaint in the United States District Court for the District of Columbia, seeking to block a final rule from the Office of Federal Contract Compliance Programs (OFCCP) that would require federal contractors to establish a seven-percent goal for the employment of workers with disabilities. 
Continue Reading Suit Filed to Block OFCCP Rule on Goal for Hiring Disabled Workers