Confidentiality Provisions Under Federal, State Scrutiny

New York Law Journal

David E. Schwartz Emily D. Safko

Partner David Schwartz and associate Emily Safko discuss how an NLRB decision in February overruled two 2020 decisions and imposes new limits on confidentiality and nondisparagement provisions in agreements between employees and employers. New York employers are also subject to recent state legislation restricting confidentiality agreements with employees.