Why the “Speak Out Act” is More Like a Whisper

On December 7, 2022, Congress passed the “Speak Out Act” (the “Act”), which codified into federal law limits on what types of information employers are allowed to include in nondisclosure or non-disparagement clauses. Specifically, under the Act, employers are now prohibited from requiring employees to sign pre-dispute agreements that contain nondisclosure clauses or non-disparagement clauses …

DOL Final Regulations on ESG Investing: “It’s All ‘Bout the Money”

Whether it is appropriate for institutional investment decision-makers to take into account environmental, social, or governance (“ESG”) factors or invest to promote ESG objectives, has become a divisive political issue and a frequent topic in the popular press. For example, the state of Florida recently announced that it would divest $2 billion of state assets …

Stop the World – I Want to Get Off! Onboarding and Off-boarding in an Increasingly Mobile and Remote Workforce

In a world with an increasingly mobile and remote workforce, onboarding and off-boarding employees are more complicated than ever. Many companies now have single “outpost” employees in various states across the country. Similarly, many companies are encountering key employees asking to move (or moving without asking) to a state where the company previously had no …