Nearly 20 states have passed laws restricting their use in dealing with sexual misconduct in the workplace, including Arizona, California, Colorado, Hawaii, Illinois, Louisiana, Maine, Maryland, Nevada, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah, Vermont, Virginia, and Washington.
Massachusetts Law on Non-Disclosure Agreements: If you violate the provisions of a legally valid non-disclosure clause, your employer may sue to enjoin your activities and prevent you from continuing to engage in wrongdoing.
An NDA safeguarding a company's confidential data is a common provision, and, for the most part, enforceable. However, NDAs that pertain to the disclosure of sexual harassment or harassment settlements are a separate matter, and discussed here.
20 CFR § 603.5 - What are the exceptions to the confidentiality requirement? (a) Public domain information. (b) UC appeals records. (c) Individual or employer. (d) Informed consent. (1) Agent—to one who acts for or in the place of an individual or an employer by the authority of that individual or employer if—
"A covenant not to compete contained in a contract for personal services will be enforced if it is reasonable, based on all the circumstances."
NDAs are enforceable when they are signed — if they are properly drafted and executed. NDAs are enforceable once signed, provided they have been drafted and executed properly. Unilateral NDAs need only the signature of the receiving party, whereas mutual non-disclosure agreements need the signatures of both parties.
To create an NDA simply and quickly, use a pre-existing non-disclosure agreement template like the pre-approved templates from . You should simply: Log in to and choose the NDA Template. Edit the template to include a description of the confidential information and the scope of the agreement.
If you need an NDA, looking at templates online isn't a bad place to start, but ideally you should work with a lawyer who can write a simple NDA for you or tweak the one you have. You may be able to find someone in your community who can do it for a few hundred bucks.
You don't need a lawyer to create the agreement, but you may need someone with legal expertise to review it. We recommend consulting with a legal expert to ensure your agreement fully protects your organisation's interests when the document is first created.