On April 6, 2026, New York State Senator Michael Gianaris re-introduced a bill that would prohibit most non-compete agreements between employers and employees in New York State. As […]
New “Speak Out” Law Bans Pre-Dispute Sexual Assault and Harassment Non-Disclosure And Non-Disparagement Agreements
On December 7, 2022, President Biden signed the “Speak Out Act,” which makes non-disclosure or non-disparagement agreements signed before a dispute arose unenforceable in certain contexts with respect […]
FTC Proposes to Ban Non-Compete Agreements, and Takes First-Ever Enforcement Actions Against Companies for Imposing Non-Compete Terms on Workers
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking that, if implemented, would prevent employers from entering into non-compete clauses with workers, […]
AB 51 Update: Ninth Circuit Issues Final Decision Striking Down California Ban on Mandatory Arbitration Agreements
The Ninth Circuit upheld the District Court’s injunction against enforcement of California Assembly Bill 51 (“AB 51”), a law that prohibited employers from requiring mandatory arbitration agreements as […]
NLRB Acts to Limit Scope of Permissible Confidentiality and Non-Disparagement Restrictions in Severance Agreements
Updated March 28, 2023 On March 22, 2023, National Labor Relations Board (“NLRB” or the “Board”) General Counsel Jennifer Abruzzo issued a memorandum to the NLRB’s regional directors […]
SEC Brings Additional Enforcement Actions Based on Separation Agreements that Allegedly Violated the SEC’s Whistleblower Protection Rules
September 10, 2024 Update. The SEC continues to announce settlements of charges against companies that it alleges interfere with whistleblower rights under SEC Rule 21F-17(a). On September 9, 2024, […]
New York Extends Statute of Limitations for Discrimination, Harassment and Retaliation Suits, and Enacts Changes to Laws Governing Remedies for Breach of Non-Disclosure Agreements and Execution of Confidentiality Provisions in Agreements Resolving Discrimination, Harassment and Retaliation Claims
Extension of Statute of Limitations On November 17, 2023, Governor Hochul signed State Assembly Bill A00501 into law, extending the statute of limitations for discrimination and retaliation claims […]
New York Governor Vetoes Ban on Non-Compete Agreements
On December 22, 2023, New York Governor Kathy Hochul vetoed a June 2023 bill that would have prohibited most non-compete agreements between employers and employees in New York […]
Bill Proposed in New York City to Ban Non-Compete Agreements
On February 28, 2024, members of the New York City Council introduced Bill 140, legislation that would ban virtually all non-compete agreements between employers and workers in New York […]
New York Senate Passes Bill that Would Prohibit Most Non-Compete Agreements
On June 9, 2025, the New York Senate passed Senate Bill S4641, which, if enacted, would amend New York labor law to prospectively prohibit most non-compete agreements. The […]