Attorneys should be wary of how non-competition and nondisclosure clauses are drafted following the March 20. 2019, enactment of S-121. We have already editorialized on this legislation as it prohibits forced non-disclosure provisions in settlement agreements in employment discrimination actions. There is, however, a provision added by the Assembly in late January that could mistakenly be read as expanding or restricting an employer’s right to enforce non-competition and nondisclosure agreements.
Section 2c of the Act provides:
