This event has completed.

12/9/2021
6:00 PM - 7:30 PM

NELA Nite: Non-Disclosure Agreements – What’s Happening in California and New Jersey?
December 9, 2021
6:00 - 7:30 PM EST- 1 Practical Skills Credit
Zoom Webinar
 
This NELA Nite will be the first of two NELA Nite sessions on the topic of NDAs. The NELA/NY Legislative Committee wants to hear from our members about whether NELA/NY should seek change to New York’s law governing NDAs. We are scheduling two sessions — one educational, and the other as a discussion — so that, when we have the discussion, we will all be somewhat more informed as to how NDAs have worked in other states. After the second session, the Legislation Committee will examine the issue in more depth and then, in accordance with NELA/NY practice, make a recommendation to the Executive Board. It is the Executive Board that finally, by vote after its own discussion, determines whether the Legislation Committee formulates legislation and aims to get it passed by the NYS Legislature and enacted by the Governor.
 
In this first session on December 9, 2021, we will hear the experiences of lawyers in California and New Jersey, whose states have recently passed laws restricting the enforcement of NDAs. We will learn what can and cannot be enforced under the new laws and how the laws have affected the settlement of employment discrimination claims. They will also discuss strategies for protecting employee confidentiality under the new laws.
 
The second session will be a (non-CLE) discussion using a Town Meeting format, for NELA/NY members about whether should support amendment of our existing state law that governs NDAs, General Obligations Law '5-336. Section 5-336, was passed in 2018 concerning sexual harassment only; it was amended in 2019 and currently applies to all claims of discrimination. Section 5-336makes an NDA impermissible unless the plaintiff clearly indicates that it is the plaintiff=s preference to keep the terms of any settlement agreement confidential. Many of our members are not happy with how this law is working. The Legislative Committee hopes that information about how NDA laws in California and New Jersey will enrich our understanding of what we can do in NY. Can Section 5-336 be amended so that people who want confidentiality can have confidentiality, but no employee is forced to accept confidentiality to settle for financial reasons?
 
We urge you to attend both sessions because we believe it will lead to a more informed and robust discussion of this important issue that we repeatedly face in our practices.  
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Speakers:
 
Mariko Yoshihara is Legislative Counsel & Policy Director with the California Employment Lawyers Association (CELA). Mariko led CELA=s successful efforts to pass the Stand Against Non‑Disclosures (STAND) Act bill in 2018 and the Silenced No More bill in 2021.
 
Elizabeth Riles is one of the founding and the managing shareholder at Bohbot & Riles, and is current Chair of the Board of the California Employment Lawyers Association. Ms. Riles has been practicing employment law for 22 years.  She also provides Human Resource consulting and mediation in her work to ensure safe and healthy workplaces for employees and employers alike.
 
Toni Jaramilla is a plaintiff employment and civil rights litigator. As a member and past Chair of the California Employment Lawyers Association (2011-2013), she spearheaded diversity initiatives that increased gender and cultural diversity. During the #MeToo movement, she testified and lobbied at the State Capitol in support of legislation that strengthens workers’ rights, several of which were signed into law. She is a frequent speaker on employment law and diversity.
 
JON W. GREEN is a partner in the Florham Park, N.J. law firm of Green Savits, LLC. He currently concentrates in the practice of employment law and civil rights litigation on behalf of employees in non-union settings. He currently is a member of the Amicus Committee of the New Jersey Chapter of the National Employment Lawyers Association.
 
Moderator: 
Margaret McIntyre is a member of NELA/NY and a member of NELA/NY’s Legislative Committee.