More States Limiting NDAs

The #MeToo movement inserted a lot of energy into the debate over workplace harassment. Anti-harassment training is more prevalent than it was prior to the start of the movement and there is generally more awareness of the issue in workplaces. Harassment training was not the only result of #MeToo. We continue to see related issues gain traction throughout the country, if not at the national (federal) level at least at the state level. One such spin-off issue is the increasing energy behind employers’ abilities to restrict employees with non-disclosure agreements (NDAs).

Washington is only the latest state to restrict the enforceability of employment-related NDA. While laws in California and New York also limit the use of NDAs by employers, Washington’s Silenced No More Act goes a step further. Effective June 9, 2022, the Silenced No More Act will bar confidentiality clauses in workplace settlements related to illegal acts, even if requested by the employee. Today we’ll be discussing the basics of a non-disclosure agreement and what the growing trend of state restrictions on them means for both employers and employees.

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