Companies with employees or independent contractors who work or reside in Washington State should take heed that Washington's Silenced No More Act (the act) goes into effect on June 9, 2022. The act places substantial limits on what may be included in some of the most common agreements that employers enter into with their workers. On and after June 9, 2022, employers could find that their existing standard offer letters, proprietary information agreements, separation/settlement agreements, and consulting agreements could potentially violate the new law.

What Is Prohibited, and What Are the Consequences of Violations?

Specifically, the act prohibits employers from entering into or enforcing a provision of any agreement with a current, former, or prospective employee or independent contractor that prohibits discussion or disclosure of any of the following:

• Conduct that the individual reasonably believes to be illegal discrimination, illegal harassment, illegal retaliation, sexual assault, or a wage and hour violation.
• Conduct that is recognized as against a clear mandate of public policy.
• The existence of a settlement involving any of the above conduct (however, the amount of such a settlement can still be subject to non-disclosure obligations).

Following effectiveness of the new law on June 9, 2022, offending provisions are void and unenforceable. Entering into a new agreement on or after June 9, 2022, or attempting to enforce an existing agreement,¹ that contains such...

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