Stay-or-Pay Provisions Face Growing State-Level Regulation “Stay-or-pay” provisions—contract terms requiring employees to repay certain employer-incurred costs if they leave before a specified period—are receiving increased legal scrutiny. These provisions often relate to training expenses (TRAPs) and have expanded beyond high-skilled roles into lower-wage industries in recent years. Shifting Federal Landscape...
SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES We have been writing about the risks of using boilerplate provisions in agreements. Non-disparagement clauses and confidentiality clauses in employee severance agreements are included. Why? The federal National Labor Relations Act (“NLRA”) protects employees’...
SEVERANCE AGREEMENTS INCLUDING CONFIDENTIALITY AND NON-DISPARAGEMENT CLAUSES ARE IN JEOPARDY, INCLUDING FOR PAST AGREEMENTS WITH EMPLOYEES The National Labor Relations Act (“NLRA”) protects employees' rights to discuss the terms and conditions of their employment, including confidentiality and non-disparagement clauses in settlement agreements. However, most severance agreements contain a confidentiality clause...