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Washington State’s Silenced No More Act

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In 2022, Washington state Governor Jay Inslee signed into law the Silenced No More Act (HB 1795), which limits the use of workplace non-disclosure and non-disparagement agreements, commonly known as NDAs. Under the new law, employees and independent contractors throughout Washington state can no longer be forced to stay quiet about certain unlawful workplace mistreatment.

High-tech companies like Amazon and Microsoft have long relied on NDAs to restrict outgoing employees from shining light on workplace conflicts. To ensure compliance, the agreements often stipulate that workers must repay severance money or face other financial penalties if they violate the terms of the deal.

Read through the following FAQ about the Silenced No More Act in Washington state to see if you have a case against your current or former employer and learn more about the law.

Washington State Courtroom with gavel and flag, Silenced No More Act

What Is the Washington State Silenced No More Act?

The Silenced No More Act prevents Washington state businesses from imposing NDAs that prevent workers from discussing “illegal acts of discrimination, harassment, retaliation, wage and hour violations, and sexual assault.” The law expands previous Washington state law that prohibited employers from making employees sign NDAs in regard to sexual harassment or assault cases.

“Companies routinely use these walk-away agreements during vulnerable moments when people are more likely to sign NDAs and don’t yet know what actions will help them recover long-term, financially, emotionally and otherwise,” said former Google employee and whistleblower Chelsey Glasson in an interview with GeekWire. Her testimony and lawsuit against Google helped get the Washington state law passed.

How Does the Act Protect Employees?

Consequences and Repercussions

Which NDAs Are Retroactive?

How Does the Washington State Silenced No More Act Protect Employees?

The law protects workers from the abusive use of NDAs, allowing victims of inappropriate or illegal misconduct at the workplace to share their experiences without fear of retaliation.

Specifically, the law invalidates any NDA with a current, former, or prospective employee or independent contractor that prevents them from talking about wage and hour violations, discrimination, harassment, sexual assault, or retaliation with other employees or employers whether at work, work events, or offsite.

The law also prohibits employers from punishing an employee or contractor for talking about these acts.

What Doesn’t the Washington State Silenced No More Act Protect Against?

The law does not ban NDAs that seek to:

Restrict the disclosure of how much money was paid in a claim settlement.
Protect trade secrets, proprietary information, or confidential information that is not illegal.

Consequences and Repercussions

An employer who violates the law after it goes into effect is responsible for damages up to $10,000, as well as attorneys’ fees and costs.

Why Should People Care?

Although NDAs designed to guard secrets about workplace mistreatment are more commonly used at large tech companies, the Silenced No More Act applies to all companies in Washington state. So, whether you work at a high-tech giant like Amazon or a small startup in another industry, you will no longer be forced to keep quiet about workplace misconduct and violations.

Which NDAs Are Retroactive?

The Silenced No More Act nullifies NDAs created before June 9, 2022 that “were agreed to at the outset of employment or during the course of employment” which are not part of agreements to settle a legal claim.

What Do I Do If I Signed an NDA after June 2022?

If you believe you signed an illegal NDA or are experiencing restrictions related to a workplace non-disclosure or non-disparagement agreement in Washington state, don’t suffer in silence. Call Emery | Reddy, PC for a Free Case Review with an experienced Intake Specialist and learn how we may be able to help. No fee unless we recover for you.

Emery | Reddy Can Help You with Your Silenced No More Act Violation Claim

If you have tried to work things out with your employer and nothing has been done, then it’s time to consult with an experienced Washington state Employment and Labor Law attorney. Employment and Labor Law is complicated and can be overwhelming for anyone not familiar with it. Trying to hold a company accountable for bad business practices requires a skilled attorney to navigate the different laws and tactics an employer may use.

Emery | Reddy has over eight decades of experience in Employment and Labor Law and an unmatched record of helping Washington state workers get the justice they deserve in labor violations. Call for a Free Case Review with an experienced Intake Specialist and learn how we may able to help. No fee unless we recover for you.

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