A Practical Guide to New York’s Confidentiality Waiver Requirements for Employment Discrimination Settlement Agreements, by Alice K. Jump and Ethan Krasnoo

While the policy impetus behind the confidentiality prohibition—preventing employers from silencing complaints about harassment and discrimination—may be worthy, the reality is that employers will normally not settle without a confidentiality provision. In what seems like much simpler times, parties to New York employment disputes, including disputes involving claims of discrimination...

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Employment Update: Supreme Court Finds Independent Truckers Not Subject to Arbitration under Federal Arbitration Act Exemption

In a rare, but limited, win for employees on the issue of arbitration of employment disputes, a unanimous Supreme Court today ruled in New Prime Inc. v. Oliveira that trucking company New Prime Inc. cannot compel arbitration under the Federal Arbitration Act (FAA) in a class action alleging failure to...

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