BarbriSFCourseDetails
  • videocam On-Demand Webinar
  • signal_cellular_alt Intermediate
  • card_travel Employment and Workers Comp
  • schedule 90 minutes

Drafting Severance and Confidentiality Agreements Amid Continued SEC, EEOC, and NLRB Scrutiny

Avoiding Agency Challenges to Confidentiality, Noncompete, Non-Disparagement, Cooperation, No Rehire, Covenants Not to Sue

$297.00

This course is $0 with these passes:

CLE
ALL
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About the Course

Introduction

This CLE course will provide practical guidance on drafting severance and confidentiality agreements that will withstand heightened SEC, EEOC, NLRB, and OSHA scrutiny.

Description

Federal agencies continue to target provisions of employer confidentiality and severance agreements that they believe are overly broad or restrictive.

The SEC has banned severance agreements that prohibit employees from contacting regulators or accepting whistleblower awards in exchange for receiving severance payments or other post-employment benefits.

Additionally, the EEOC has scrutinized and will continue to be critical of clauses that prohibit employees from cooperating with others filing a charge of discrimination or lawsuit. Similarly, OSHA will not approve settlement agreements that prohibit or restrict employees from participating in protected activity.

Adding to the pressure, the NLRB has determined that certain non-disparagement and confidentiality provisions in severance agreements are unlawful and most employee noncompetition covenants, including those in severance agreements, violate Section 8 of the NLRA.

In light of federal agency scrutiny, employment and corporate counsel must guide employers in drafting severance and confidentiality provisions that will withstand the heightened enforcement standards and decrease the likelihood of litigation.

Our distinguished panel will discuss recent SEC settlements, EEOC requirements, and NLRB and OSHA developments. The panel will discuss strategies for drafting enforceable agreements.

Presented By

Natalie Koss
Managing Partner
Potomac Legal Group

Ms. Koss actively litigates both commercial and employment cases and has successfully negotiated settlement agreements on behalf of corporate and individual clients. Ms. Koss also represents clients in business tort, employment disputes and copyright infringement cases and has tried both bench and jury cases in federal and state courts.

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Daniel G. Prokott
Partner
Faegre Drinker Biddle & Reath LLP

Mr. Prokott advises businesses regarding complex workplace matters. He leads Faegre Drinker’s global HR compliance, training and transactions team, and represents employers of all sizes across a variety of industries, including multinational publicly traded and privately owned companies, established and emerging private businesses, and nonprofit organizations. Mr. Prokott also regularly advises individual executives and management teams in connection with negotiating and drafting employment and separation agreements.

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David L. Zwisler
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Mr. Zwisler’s broad range of labor and employment experience includes overseeing and conducting comprehensive audits of employment policies and practices, including drafting and editing employee handbooks, executive contracts, and severance, noncompetition, non-solicitation, confidentiality and trade secret agreements. He also oversees and conducts wage and hour compliance audits and provides counsel on FLSA compliance.

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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, October 30, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. SEC challenges to severance agreements
  2. EEOC and OSHA requirements and legal framework for severance agreements
  3. NLRB requirements and legal framework
    1. Confidentiality provisions
    2. Employee behavior and conduct policies
    3. Non-disparagement provisions
    4. Noncompetition provisions
  4. Status of the FTC noncompete ban
  5. Drafting best practices

The panel will review these and other key issues:

  • What should employers do to avoid or withstand SEC challenges to severance agreements?
  • How can counsel to employers respond to the EEOC's concern with non-cooperation, confidentiality, or non-disparagement provisions?
  • How must confidentiality and severance agreements be updated given the NLRB's recent activity?
  • What confidentiality provisions run afoul of OSHA's position on confidentiality provisions?
  • What internal process changes can companies make to effect similar results as nondisclosure agreements?