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California Employment Law Glossary

Non-Disclosure Agreement (NDA) - Employment Context
Legal Process & Claims

 

Definition


 

California's Silenced No More Act (SB 331), effective January 1, 2022, significantly restricts the use of NDAs and non-disparagement clauses in employment settlement agreements. Employers can no longer use settlement NDAs to prevent employees from discussing discrimination, harassment, or retaliation they experienced at work. NDAs that attempt to silence employees regarding illegal workplace conduct are unenforceable in California - and may be challenged as violations of public policy.


Frequently Asked Questions

Generally, no. California's Silenced No More Act prohibits settlement NDAs from silencing you about discrimination, harassment, or retaliation you experienced.

It prohibits provisions that prevent employees from discussing illegal workplace conduct, such as discrimination and harassment, as a condition of a settlement.

Think this applies to you?

An NDA may be far less enforceable than your employer claims under California law. Get a free case review to understand your rights.
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Related

Practice Area

Workplace Harassment

See Also

PAGA Claims  ·  California Labor Code Claims  ·  DLSE Wage Claim

This glossary is provided for informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Lawyers for Employee and Consumer Rights. Laws change - for advice specific to your situation, contact our office for a free case review.