Human resource professionals typically concentrate on employment
law – and there have been plenty of new developments in
traditional employment law areas, such as the injunction against the new Department of Labor
overtime rule. But now, seemingly from left field,
federal securities and antitrust regulators are also issuing
guidance and regulations, as well as initiating enforcement
actions, that impact employment activities and
agreements.
Confidentiality Agreements. Certain provisions of the
Dodd-Frank Act were aimed at encouraging and protecting
whistleblowers. The Securities Exchange Commission recently
filed complaints against two companies for the confidentiality and
waiver provisions in their termination and severance
agreements.1 The SEC stated that these provisions
illegally "impeded" potential whistleblowers from
contacting or cooperating with the SEC or other law enforcement
authorities by requiring former employees to consult with the
company legal
