Speak Out Act and Workplace Harassment: Restricting Enforceability of Nondisclosure and Nondisparagement Clauses

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.

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.

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.