Speak Out Act and Workplace Harassment: Restricting Enforceability of Nondisclosure and Nondisparagement Clauses
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide guidance to employment counsel on the recently enacted Speak Out Act which was signed by President Biden on Dec. 7, 2022. The panel will discuss key issues related to the Speak Out Act, provide an update on recent federal, state, and case law, and address practical considerations for employer clients as they review their agreements that include nondisclosure or nondisparagement clauses.
Outline
- Speak Out Act: key concepts and definitions
- New protections
- Federal law update
- State law update
- Case law update
- Permitted conduct under the Speak Out Act
- Compliance best practices
Benefits
The panel will discuss these and other key issues:
- What steps should counsel take to ensure compliance with the new Speak Out Act?
- How can counsel guide clients in navigating the practical and legal considerations of the Speak Out Act?
- What are best practices and next steps for employers to take to stay on the right side of the law and reduce their liability?
Faculty
Kate Dewberry
Partner
Poyner Spruill
Ms. Dewberry counsels and represents employers on employment law issues and litigation arising under federal and state... | Read More
Ms. Dewberry counsels and represents employers on employment law issues and litigation arising under federal and state laws covering leave, discrimination, termination, affirmative action, and wage and hour law. She serves as employment counsel in mergers and acquisitions, analyzing due diligence and advising on employment components of purchase agreements and transition plans. Ms. Dewberry represents clients in federal and state court, arbitration, and proceedings before administrative agencies including the Equal Employment Opportunity Commission, the United States Department of Labor, the Office of Federal Contractor Compliance, OSHA, the North Carolina Department of Labor, and the North Carolina Division of Employment Security.
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John F. Kuenstler
Partner
Barnes & Thornburg
Mr. Kuenstler dedicates his practice exclusively to the representation of employers in labor and employment and... | Read More
Mr. Kuenstler dedicates his practice exclusively to the representation of employers in labor and employment and business matters. He counsels and represents a diverse client base on a national and regional basis in virtually all aspects of labor and employment law. Mr. Kuenstler’s experience includes the defense of single- and multi-plaintiff, collective and class action litigation pertaining to wrongful discharge, discrimination, sexual harassment, retaliation, Title VII, ADA, ADEA, Section 1981, FMLA, FLSA, ERISA, USERRA, WARN and OSHA claims before federal and state courts and administrative agencies. He routinely advocates management’s interests in workplace tort, breach of contract, non-compete, non-solicitation and other restrictive covenant cases. In addition to his litigation practice, Mr. Kuenstler also represents clients at all levels of administrative proceedings, including matters before the EEOC, NLRB, OSHA and DOL.
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Nancy Gunzenhauser Popper
Member
Epstein Becker & Green
Ms. Popper helps her clients effectively navigate complex state and local employment laws (including sick leave, leaves... | Read More
Ms. Popper helps her clients effectively navigate complex state and local employment laws (including sick leave, leaves of absences, hiring laws, and termination laws) and create policies and documents that are user-friendly and readily implemented by HR professionals. HR professionals and in-house counsel also turn to Ms. Popper for assistance in complying with all aspects of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions. Additionally, she performs internal investigations when allegations of wrongdoing in the workplace arise. Ms. Popper also conducts trainings for employers on a variety of workplace issues, and has led hundreds of anti-harassment training sessions as well as trainings for managers and HR personnel on such issues as leaves and accommodations.
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