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Friday, April 24, 2026

Employment flash December 2022 - Lexology

This edition looks at significant employment law issues from the past three months, including a new federal law that makes nondisclosure and non-disparagement provisions relating to sexual assault and sexual harassment claims unenforceable, a DOL proposal that would update the test for determining whether a worker is an employee under the Fair Labor Standards Act and a proposed rule that would permanently allow employers to verify I-9 documents remotely. We also highlight laws that will take effect on January 1, 2023, in California, Illinois, New York and Oregon, as well as recent employment law developments in France, Germany and the United Kingdom.

‘Speak Out Act’ Becomes Law

The #metoo movement continues to impact employers. The Speak Out Act, which became effective on December 7, 2022, makes pre-dispute nondisclosure and non-disparagement provisions relating to sexual assault and sexual harassment claims unenforceable. While employees have been (and will continue to be) able to raise such concerns with regulators, such as the Equal Employment Opportunity Commission, despite having signed agreements containing nondisclosure and/or non-disparagement provisions, the Speak Out Act reflects a bipartisan effort to address sexual assault and sexual harassment in the workplace.

The Speak Out Act defines a nondisclosure clause as a provision in a contract or agreement that requires the parties “not to disclose or discuss conduct, the existence of a settlement involving...



Read Full Story: https://news.google.com/__i/rss/rd/articles/CBMiU2h0dHBzOi8vd3d3LmxleG9sb2d5L...