Background

Washington state’s Engrossed Substitute House Bill 1795, also known as the Silenced No More Act, took effect June 9, 2022, and prohibits nondisclosure and nondisparagement provisions that prevent an employee or contractor from disclosing or discussing conduct the individual reasonably believes to be illegal acts of discrimination, harassment, retaliation, wage and hour violations, sexual assault, or other conduct recognized as being against a clear mandate of public policy. Companies with employees or independent contractors who are Washington state residents should be aware that the act will require changes to many commonplace employment and contractor agreements. The act will implicate nondisclosure and nondisparagement provisions in many existing standard offer letters, confidential information and invention assignment agreements, separation or settlement agreements, and consulting/independent contractor agreements.

Who is covered under the act?

The act will implicate nondisclosure and nondisparagement provisions in agreements between companies and current, former, or prospective employees or independent contractors who are residents of Washington state. The act applies to all employers regardless of size and to any company that engages at least one independent contractor in Washington state, and defines an “employee” as a current, former, or prospective employee or independent contractor. The act highlights that any nondisclosure or nondisparagement...

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