Employment Law Bulletin | March 2019

California Law Requires Revision of Employee Documents with Confidentiality Provisions Signed On or After 1/1/2019

As we reported at our 2019 Employment Law Update, several laws arising out of the #MeToo movement took effect on January 1, 2019, and they have a direct and immediate impact on most California employers.  If you have employees sign any of the following agreements and they were drafted before January 1, 2019 (whether by SMT or any other source), they may now be void and unenforceable under California law.

  • Confidentiality and Non-Disclosure Agreements
  • Confidentiality and Invention Assignment Agreements
  • Employment Agreements with confidentiality clauses
  • Employee Handbooks with confidentiality policies
  • Severance Agreements with confidentiality requirements
  • Settlement Agreements with confidentiality requirements


Agreements signed by employees before January 1, 2019, are enforceable and need not be revised.

Please contact an SMT employment attorney to update your documents today.  If you’re not sure if your documents need to be updated, please contact us and we’ll be glad to assist

Lisa Ann Hilario

No Se Habla Español?

SMT’s employment attorneys can provide your company with employment policies, forms and employee disciplinary documentation in Spanish.  Providing such important information to employees in the language they understand is critical to employee performance, providing a welcoming diverse work environment, and protecting your company against employment claims.  Contact an SMT attorney today to get started.

Spaulding McCullough & Tansil LLP
Employment Law Group

Jan Gabrielson Tansil  | Lisa Ann Hilario | Kari Brown