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Newsletter September, 2024

USA: Consumer Financial Protection Bureau (CFPB) issued a circular on Confidentiality Agreements and Employee Whistleblower Protections

September, 2024
  • On 24 July 2024, the Consumer Financial Protection Bureau (CFPB) issued Circular 2024-04, which provides critical guidance on whistleblower protections under Section 1057 of the Consumer Financial Protection Act (CFPA).
  • This circular has significant implications for businesses regarding confidentiality agreements and their potential conflict with federal whistleblower protections.
  • It clarifies that while confidentiality agreements can protect legitimate business interests, they must not infringe on employees' rights to report suspected violations of consumer financial laws.
Newsletter July, 2024

United States: Final Rule prohibits the use of non-compete clauses in employment contracts

July, 2024
  • On 23 April 2024, the Federal Trade Commission (FTC) issued a Final Rule prohibiting almost all noncompete clauses in employment contracts.
  • The rule, effective 4 September 2024, aims to eliminate barriers to worker mobility and enhance competition in the labour market.
Newsletter January, 2024

USA: New requirements for non-disclosure and non-disparagement provisions in New York

January, 2024
  • On 17 November 2023, the New York Governor signed Bill S4516 into law.
  • It amends Section 5-336 of the New York General Obligations Law with immediate effect and further restricts the use of nondisclosure agreements concerning the resolution of employment discrimination, harassment, and retaliation claims.
  • It applies to all agreements signed or entered into after 17 November 2023.
Newsletter April, 2023

USA: the National Labor Relations Board (“NLRB” or the “Board”) released a memorandum on severance agreements

April, 2023
  • The National Labor Relations Board (NLRB ) recently held, in McLaren Macomb, 372 NLRB No. 58, that an employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) with severance agreements containing overly broad non-disparagement and confidentiality of agreement clauses with employees.
  • The decision states that offering employees such kind of agreement restricts their ability to exercise their rights to self-organisation, join labour organizations, and engage in "other concerted activities" to improve the workplace.
  • On 23 March 2023, the NLRB General Counsel issued a memorandum (Memorandum GC 23-05) to guide the issue, taking an expansive view of the decision.
Newsletter April, 2022

Ireland: the Government published a report on the use of non-disclosure agreements (NDAs) in discrimination and sexual harassment disputes

April, 2022

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