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Do Confidentiality Provisions In Separation Agreements Violate Title VII? The EEOC Thinks So.

When providing a departing employees with severance pay, most employers require that the employee sign a separation or severance agreement, which, among other things, contains a general release of claims.  The payment of severance is given in exchange for the employee’s agreement not to raise any claims against the employer. …

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Congress Considers SNOPA to Curtail Snooping of Social Networking Accounts

As many individuals have learned the hard way, their postings on social networking sites are generally not private.  It comes as no surprise that employers routinely check the web for postings or other information concerning current or prospective employees. In the last few years, using the web to perform informal…

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New York Federal Court Refuses to Enforce No Hire Agreement

In this age of mergers and acquisitions, and increased employee mobility,  it is critical that employers and employees understand their respective noncompetition obligations.  A Southern District of New York court recently applied the “reasonableness” standards governing enforceability of non-competition agreements, or restrictive covenants, to no-hire agreements.  Specifically,in Reed Elsevier Inc.…

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Equal Employment Opportunity Commission Releases Fiscal Year 2013 Enforcement and Litigation Results

On February 5, 2014, the Equal Employment Opportunity Commission (“EEOC”) released its annual statistics on its FY 2013 activity.   Among other things, the data reveals that there was a 5.7% decrease in charges received by the agency in FY 2013 as compared to FY 2012.  In all, the EEOC received…