Spencer Fane attorney Joe Hatley recently authored an article for Law360 centered on President Biden’s newly signed law, the Speak Out Act. Signed on December 7, 2022, this law declares that some, but not all, nondisclosure and nondisparagement clauses are unenforceable with respect to sexual assault and harassment disputes.
In his article, What Employers Must Know About Speak Out Act Compliance, Joe summarizes the law’s effect on employment contracts and severance agreements. He also advises employers on action items they should take in response.
“First and foremost, employers who have included broad nondisclosure or nondisparagement clauses in their employment contracts should review them and decide whether to issue amended contracts,” Joe says. “It’s a best practice to do this type of contract review with legal counsel. One area of focus should be on the contract’s severability clause.”
At Spencer Fane, Joe is a civil and commercial litigator who helps educational institutions navigate myriad federal and state laws so they can meet the increasing demands of lawmakers, parents, and students. In addition to supporting educational institutions, Joe defends employers in disputes with both employees and regulators, while also maintaining an active practice across a variety of business disputes.
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