Effective June 9, 2022, Washington State’s Silenced No More Act (the “Act”) will prohibit nondisclosure and nondisparagement provisions regarding illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault in employment agreements. It is not only a violation of the Act for an employer to seek to enforce such a provision, but also for an employer to request or require that an employee enter into such a provision. It is also a violation of the Act to discharge, discriminate, or retaliate against an employee for disclosing or discussing conduct that the employee reasonably believes to be illegal conduct.
What types of agreements are covered?
The Act applies to nondisclosure and nondisparagement provisions in agreements between employers and current, former, and prospective employees, as well as independent contractors. This could include, for example, offer letters, employment agreements, restrictive covenant agreements, severance agreements, settlement agreements, independent contractor agreements, and employment policies and handbooks.
Are there any exceptions?
The Act does not prohibit an employer from protecting trade secrets, proprietary information, or confidential information that does not involve illegal acts. Additionally, it does not prohibit confidentiality provisions concerning the amount paid in settlement of a claim.
Who does the Act apply to?
The Act applies to all Washington State employers, irrespective of size....
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