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Saturday, September 26, 2026

End-of-Year Employment Law Developments - Employee Rights ... - Mondaq

Federal Same Sex Marriage Act Becomes Law

On Dec. 13, 2022, President Joe Biden signed into law the Respect for Marriage Act, which mandates federal recognition of same-sex marriages. The law also prohibits states from refusing to recognize out-of-state marriages on the basis of sex, race, ethnicity or national origin. In addition, the statute officially voids the Defense of Marriage Act, which defined marriage as only between a man and a woman.

Biden Signs "Speak Out Act"

On Dec. 7, 2022, the Speak Out Act ("SOA") was signed into law by President Biden to address agreements entered into by employers. With respect to a sexual assault or sexual harassment dispute, the SOA provides that no non-disclosure clause or non-disparagement clause agreed to before the dispute arises shall be judicially enforceable. A non-disclosure clause requires a party to a contract not to discuss the conduct, the existence of a settlement involving conduct, or information about the terms and conditions of the contract or agreement. A non-disparagement clause prohibits a party to a contract from making negative statements about another party.

This new legislation follows the enactment of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which went into effect in March 2022, to permit individuals with sexual harassment or assault claims who entered into pre-dispute arbitration agreements or pre-dispute joint-action waivers to reject those agreements.

NLRB Decision Expands...



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