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

How Is Tabnine Transforming DevOps with AI Workflow Agents?

In the fast-paced realm of software development, DevOps teams are constantly racing against time to deliver high-quality products under tightening deadlines, often facing critical challenges. Picture a scenario where a critical bug emerges just hours before a major release, and the team is buried under repetitive debugging tasks, with documentation lagging behind. This is the reality for many in the

5 Key Pillars for Successful Web App Development

In today’s digital ecosystem, where millions of web applications compete for user attention, standing out requires more than just a sleek interface or innovative features. A staggering number of apps fail to retain users due to preventable issues like security breaches, slow load times, or poor accessibility across devices, underscoring the critical need for a strategic framework that ensures not

How Is Qovery’s AI Revolutionizing DevOps Automation?

Introduction to DevOps and the Role of AI In an era where software development cycles are shrinking and deployment demands are skyrocketing, the DevOps industry stands as the backbone of modern digital transformation, bridging the gap between development and operations to ensure seamless delivery. The pressure to release faster without compromising quality has exposed inefficiencies in traditional workflows, pushing organizations

DevSecOps: Balancing Speed and Security in Development

Today, we’re thrilled to sit down with Dominic Jainy, a seasoned IT professional whose deep expertise in artificial intelligence, machine learning, and blockchain also extends into the critical realm of DevSecOps. With a passion for merging cutting-edge technology with secure development practices, Dominic has been at the forefront of helping organizations balance the relentless pace of software delivery with robust

How Will Dreamdata’s $55M Funding Transform B2B Marketing?

Today, we’re thrilled to sit down with Aisha Amaira, a seasoned MarTech expert with a deep passion for blending technology and marketing strategies. With her extensive background in CRM marketing technology and customer data platforms, Aisha has a unique perspective on how businesses can harness innovation to uncover vital customer insights. In this conversation, we dive into the evolving landscape