In Part 1 of this series, I explained that Utah courts will enforce Restrictive Covenants (like non-compete agreements, non-solicitation agreements, no-hire clauses, and similar provisions), as long as they are written to protect the employer's “blood, sweat, and tears”—its innovation, investment, goodwill, etc.
Employment contracts or settlement agreements containing nondisclosure agreements (NDAs) or non-disparagement clauses pertaining to sexual misconduct allegations are now void under Utah state law.
Utah lawmakers added redundancy in March with a bill that prohibits NDAs “related to sexual assault and sexual harassment, as a condition of employment.” “The only way that sexual harassment and violence in the workplace happens is when we cannot talk about it and point it out to stop it,” Rep.
Except as otherwise provided in this Agreement, the Employee must keep the Confidential Information confidential. Except as otherwise provided in this Agreement, the Confidential Information will remain the exclusive property of the Employer and will only be used by the Employee for the Permitted Purpose.
A confidentiality agreement should include the names and addresses of the parties to the contract. Consider also including: Reason for the agreement: Explain why you're sharing this information. The information disclosed: Be specific about the subject matter and what exactly is included in the agreement.
H.B. 55 adds a new section to the Utah Antidiscrimination Act providing that nondisclosure or non-disparagement clauses regarding sexual misconduct (sexual assault or harassment) required as a condition of employment are against public policy, void and unenforceable.
________________________________, ("Employee"), in consideration for and as a condition of Employee's continued employment with _________________________, ("Employer") agrees as follows: 1. Employee agrees that all information communicated to him/her concerning the work conducted by or for Employer is confidential.
2. NDAs are enforceable when they are signed — if they are properly drafted and executed.