From JDSupra, Neela Brocato, Emily Bushaw, and Heather Shook discuss changes to the state of Washington’s employment laws in 2026 including a law that prohibits businesses from certain provisions in agreements with employees and independent contractors that prevent workers from discussing workplace misconduct. Neela, Emily, and Heather write:
Limitations on Requiring Worker Confidentiality
Washington’s Silenced No More Act (SNMA), which went into effect in June 2022, prohibits businesses from using certain nondisclosure and nondisparagement provisions in agreements with employees and independent contractors. The SNMA prohibits employers from preventing workers from discussing workplace conduct they reasonably believe involves illegal discrimination, harassment, retaliation, wage‑and‑hour violations, sexual assault, or conduct that clearly violates public policy. The SNMA applies to provisions in a broad range of agreements, including employment agreements, independent contractor agreements, settlement or severance agreements, and any other agreement between an employer and an employee or independent contractor.
Additionally, the SNMA prohibits businesses from discharging or otherwise discriminating or retaliating against a worker for disclosing or discussing protected information.
The SNMA has prompted an uptick in litigation, including recent class actions alleging that confidentiality clauses in employee handbooks or employment policies violate the SNMA. Businesses may be subject to $10,000 in statutory damages plus attorneys’ fees for violations of the SNMA. For more information, see our prior Update here.
Action item: Review offer letters, employment agreements, consultant agreements, severance agreement templates, handbooks, and policies to ensure confidentiality provisions comply with the Silenced No More Act.
Read the full story at Washington Employment Law Update: Key Changes Effective January 1, 2026, and High-Risk Compliance Reminders | Perkins Coie – JDSupra
