The Importance of Reviewing and Updating Agreements with Employees—A Lesson from a Recent SEC Settlement

In the fast-paced business world, it is crucial for companies to regularly review and update their agreements with employees. Failure to do so can result in these agreements being challenged or invalidated, leaving companies exposed to potential legal repercussions. A recent settlement announced by the Securities and Exchange Commission (SEC) serves as a stark reminder to employers of the need to stay up-to-date on their agreements with employees.

Fines and Penalties: Risks of Non-Compliance

Companies sometimes find themselves under investigation and are forced to pay fines or penalties due to provisions in their agreements with employees. These provisions may run afoul of regulations and need to be revised to ensure compliance. By routinely reviewing and updating agreements, companies can mitigate the risk of being penalised and enhance their legal standing.

SEC Settlement: An Important Wake-Up Call

The SEC settlement mentioned above draws attention to the importance of regularly reviewing and updating agreements used with employees. In this particular case, the agreements contained a common provision requiring employees to affirm that they had not filed a complaint about the company. The SEC concluded that such provisions discouraged employees from filing complaints with federal agencies, including the SEC. This demonstrates the need for employers to reconsider clauses that may deter their employees from exercising their rights.

Cracking down on interfering agreements

Federal agencies are cracking down on agreements that may interfere with their jurisdiction or stifle employee rights. The SEC’s action highlights a broader trend where other agencies are also taking measures to prevent agreements from compromising their authority. Additionally, state legislatures are increasingly imposing limitations on confidentiality provisions in agreements with employees, seeking to safeguard employee rights and create a fair and transparent working environment.

Voiding limitations on employee rights

Courts and the Equal Employment Opportunity Commission (EEOC) have consistently held that any attempt to limit an employee’s ability to file a charge or participate in an investigation with the EEOC is void. This underscores the obligation employers have to respect and protect employee rights. By staying vigilant and updating agreements, companies can avoid legal complications and ensure compliance with employment laws.

Settlement actions: proactive measures

As part of the SEC settlement, the company involved took proactive measures to rectify the situation. It hired an external Equal Employment Opportunity (EEO) consultant to thoroughly review its agreements. Additionally, it agreed to revise past agreements that contained discouraging provisions and, importantly, notify employees about their rights. These actions not only rectify past mistakes but also serve as an example to other companies on the proactive steps they can take to ensure compliance with employment regulations.

NLRA Violations: A Further Manifestation

Beyond SEC scrutiny, the National Labor Relations Board (NLRB) has taken a stance on agreements that violate employees’ rights under the National Labor Relations Act (NLRA). Notably, certain confidentiality and nondisparagement provisions in employee severance agreements have been deemed in violation of the NLRA by the NLRB. This serves as another reminder of the importance for companies to continuously review, update, and align their agreements with applicable labor laws.

State Restrictions: Protecting Employee Rights

Recognizing the need to protect employee rights, several states have enacted laws to restrict the use of nondisclosure and nondisparagement clauses in agreements with employees. By limiting the enforceability of such provisions, these states are taking proactive steps to ensure that employees have a voice and can exercise their rights without fear of retribution or silencing. Companies operating in multiple states must be cognizant of the evolving legal landscape and adjust their agreements accordingly.

In an ever-changing legal and regulatory environment, it is crucial for companies to prioritize the regular review and update of their agreements with employees. The recent SEC settlement serves as a powerful reminder of the potential risks and consequences of outdated and non-compliant agreements. Failing to review and update these agreements can result in fines, penalties, and potential legal challenges. By staying abreast of regulatory changes, adhering to court decisions, and keeping employee rights at the forefront, companies can maintain legal compliance, foster positive employer-employee relationships, and create an environment where all parties can thrive.

Explore more

Hang Seng Bank Launches New Five-Pillar Wealth Strategy

In the high-altitude boardrooms overlooking Victoria Harbor, the conversation has shifted from the pursuit of immediate market gains toward the much more intricate and enduring task of crafting a multi-generational financial legacy. Hong Kong’s financial landscape is currently undergoing a silent but profound transformation, moving away from the era of quick-win transactions toward a future of legacy-building. While many institutions

Are New Budget Ryzen CPUs Worth the Upgrade?

Building a high-performance gaming rig in today’s market feels like navigating an obstacle course where every turn demands a significant withdrawal from a savings account. Performance often feels like a sprint toward a dwindling bank account, as DDR5 and new motherboard standards drive up entry costs. For many builders, the choice is finding the sweet spot where every dollar translates

Intel Nova Lake CPUs to Feature 52 Cores and Massive Cache

The global semiconductor industry is currently navigating a monumental shift in desktop processor expectations as Intel prepares to overhaul its enthusiast lineup with the Core Ultra 400-series. This generation, officially codenamed “Nova Lake-S,” represents a fundamental pivot from iterative updates to a radical redesign aimed at dominating both the high-end desktop and specialized gaming markets. With mass production scheduled for

AI Prompts Universities to Prioritize Human Formation

The relentless efficiency of silicon-based logic has finally stripped away the illusion that a university degree is primarily about the accumulation of technical data points. As of 2026, the widespread availability of sophisticated generative models has rendered the traditional role of the student—as a processor and synthesizer of information—largely obsolete. This transition is not merely a technological update but an

How Are Bad Actors Exploiting Frontier AI Systems?

Sophisticated hackers and rogue scientists are currently probing the deep neural architectures of frontier models to extract blueprints for devastation rather than progress. These actors are not searching for simple poetry or basic code; they are seeking the hidden keys to biological synthesis and global cyber warfare. As 2026 unfolds, the technology industry faces a sobering reality where the most