Lately the term “non-disclosure agreements” (or “NDAs”) have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential. Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages. Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…
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Stormy Daniels and Uber: How Nondisclosure Agreements Affect Your Rights
Lately the term “non-disclosure agreements” (or “NDAs”) have inundated the news. These secretive agreements are now forefront in headlines about Stormy Daniels’ alleged affair with President Trump and Uber’s evolving corporate culture in response to claims of sexual harassment and discrimination. This has left many non-lawyers wondering: why do parties enter non-disclosure agreements and how do these agreements work? NDAs are contractual agreements designed to keep specified information confidential. Such agreements list and/or describe the information prohibited from disclosure and the punishment for disclosing such information, often, a large sum of money known as liquidated damages. Generally, parties are free to enter a non-disclosure agreement regarding any information, except that…
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Independent Contractors vs. Employees: Classifications, Considerations, Consequences, and Cases
Whether a person is an independent contractor or an employee has important legal implications. The distinction affects the rights of the independent contractor/employer, income taxes, and the liabilities of both employer and worker. Considerations In determining the worker’s classification, courts look at the facts surrounding an employment relationship and ask the following questions:[1] Does the company control what the worker does and how they do it? How is the worker paid? Are expenses reimbursed? Who provides the tools/supplies? Are there written contracts? Are there employee benefits? Is the work performed an integral part of the business? Does the…
