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The law makes it illegal to enforce an NDA that would prevent a sexual harassment or assault victim from speaking out about their allegations. The law makes it clear that it applies to any claim that is filed after the date that the bill was signed into law, regardless of when the NDA was dated.
Employee agrees that, except in promoting the Company's business, and as necessary in performing the duties of his/her employment with the Company, Employee shall not use in any manner, directly or indirectly, any Confidential Information.
In 2019, California passed Bill 311, also known as the Silenced No More Act, limiting non-disclosure agreements. ing to Bill 311, employers cannot include clauses in non-disclosure agreements and severance agreements that restrict employees from disclosing information about mistreatment in the workplace.
Applied prospectively to any agreements entered into on or after January 1, 2019, SB 820 created a new Code of Civil Procedure section 1001 that prohibited confidentiality provisions in settlement agreements for civil actions and administrative complaints for claims of sexual assault, sexual harassment, workplace ...
Since NDAs are civil contracts, breaking one isn't technically a crime. However, it could come with severe financial penalties. Violating an NDA leaves you open to lawsuits from your employer, and you could be required to pay financial damages and possibly associated legal costs.
Under Government Code section 12964.5, an employer may not require an applicant or employee, to get or keep a job, to sign a non-disparagement agreement or any other document that ?has the purpose or effect of denying the employee the right to disclose information about unlawful acts in the workplace.?
No, you are not obligated to sign a non-disclosure agreement presented to you by your employer. However, your employer can terminate your employment if you don't sign the NDA.
An NDA is a contractual agreement (also known as a ?restrictive covenant?) to protect sensitive information. An employer can ask that a new employee sign an NDA to protect legitimate, confidential business interests such as trade secrets and business practices.