On May 7, 2024, in the case of Savage v. Township of Neptune, the New Jersey Supreme Court determined that a non-disparagement clause relating to claims of discrimination, retaliation, or harassment in an employment agreement is against public policy and cannot be enforced. Less than one year later, Senate Bill No. 1688 (S1688), previously introduced…
Tag Archives: NonDisparagement
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Speak Out Act: Victims of Workplace Harassment and Abuse May Now Tell Their Tale
By: Cristina N. Hyde, JD With the recent enactment of the Speak Out Act, (Pub.L. 117-224) all employers should be aware that the use of nondisclosure or nondisparagement agreements (NDAs) to silence the victims of workplace sexual harassment and sexual assault has been limited. Drafted to combat inappropriate conduct in the workplace, the Speak Out…
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Assembly Bill No. 4521: Savage decision regarding Non-Disparagement Clauses Prompts New Legislation
By: Cristina N. Hyde, JD Last May, in the case of Savage v. Township of Neptune, the New Jersey Appellate Division determined that a 2019 amendment to the New Jersey Law Against Discrimination (NJLAD), prohibiting non-disclosure or confidentiality provisions in employment contracts and settlement agreements, did not extend to the inclusion of non-disparagement clauses. Four…