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Labor/Employment

Jan. 5, 2022

SB 331: The Silenced No More Act

Under Senate Bill 331, California has effectively banned nondisclosure agreements in employment discrimination settlements.

Emily Burkhardt Vicente

Partner
Hunton, Andrews & Kurth LLP

Email: ebvicente@huntonak.com

Emily is co-chair of the firm's Labor and Employment group.

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Julia Y. Trankiem

Partner
Seyfarth Shaw LLP

Labor & Employment

Email: jtrankiem@seyfarth.com

For more than two decades, Julia has represented employers throughout the country on critical employment topics, across many different industries and in high-stakes single-plaintiff actions as well as class, collective, and representative actions. Julia's wage and hour experience includes litigation involving claims of misclassification, off-the-clock work and unpaid overtime, and meal and rest period violations, as well as claims under California's PAGA statute. She has successfully limited class size and defeated class certification, and she has developed novel legal arguments to eliminate or significantly reduce exposure. Julia also has defended clients against claims of wrongful discharge, employment discrimination, and other employment law issues. Her extensive experience has resulted in obtaining defense verdicts at jury trials and arbitration hearings, as well as favorable summary judgment rulings.

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Under Senate Bill 331, California has effectively banned nondisclosure agreements in employment discrimination settlements. Effective January 1, 2022, SB 331, (the so-called "Silenced No More Act") will significantly expand existing prohibitions on the confidentiality provisions applicable to sexual assault and sexual harassment claims to now prohibit confidentiality restrictions related to all claims of harassment, discrimination or retaliation under the Fair Employm...

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