Lawyers Media News

Law Marketing Topics for September 7, 2022

Changes in the law elsewhere create concern everywhere.

Laws that limit the ability of employers to use non-disclosure agreements to prevent employees from revealing unlawful workplace conduct have been in the news this year. Legislative crippling of the NDA is a hot topic among workplace law firms.

In California, the "Silenced No More" Act (SB 311) went into effect Jan. 1, 2022. Washington's own "Silenced No More" Act (HB 1795) took effect Jun. 9, 2022. Illinois' Workplace Transparency Act has been on the books since 2020.

Maine and Oregon passed similar measures in 2022. Still more states have laws on the books that restrict, to varying extents, the ability of employers to impose non-disclosure agreements on current and departing employees. These states include Hawaii, Louisiana, Maryland, Nevada, New Mexico, Tennessee, Vermont and Virginia.

It's important to recognize that legislative activity so widespread creates awareness across the country, not just in the jurisdictions where new laws have been passed. In every state, employers and departing employees will wonder whether any of the laws they've read about apply to their situation. Law firms would be wise to publish accurate legal information on this topic -- even if the laws to pertaining to non-disclosure agreements have not changed at all in their jurisdiction. Employers will want to know if their hiring and firing procedures are still on sound legal footing. 

While Washington and California have passed Silenced No More Acts, other states, including New York, Illinois, New Jersey and Oregon, have enacted their own NDA-narrowing provisions that cover all forms of employment discrimination. Hawaii, New Mexico, Louisiana, Nevada, Tennessee, Virginia, Maryland and Vermont also have passed laws in recent years restricting the use of confidentiality agreements.

certain workplace conduct, such as sexual harassment, discrimination, retaliation, and more.

iscuss California, Illinois, and Washington states’