Washington · NDA
Washington NDA / Confidentiality Agreement
Washington State enacted two significant worker protections that interact with NDAs. The Washington Non-Compete Act (RCW 49.62, effective 2020) limits non-compete agreements to 18 months and voids them for employees earning below the annual threshold (approximately $100,000 in 2024). Washington's 2022 law (RCW 49.44.210) prohibits employers from requiring employees to sign NDAs that prevent disclosure of workplace sexual harassment or assault. Washington's approach mirrors California's Silenced No More Act.
Washington's 2019 Non-Compete Act caps non-compete duration at 18 months and voids provisions for workers earning under $100,000 (2024 threshold), and its 2022 law restricts NDAs covering workplace misconduct similar to California's.
Governing law
RCW 49.44.210 (NDA restrictions) + RCW 49.62 (Non-Compete Act)
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Cites RCW 49.44.210 (NDA restrictions) + RCW 49.62 (Non-Compete Act). Formatted for USPS Certified Mail. Instant PDF.
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Washington NDA FAQs
When is an NDA void in Washington?▾
Under RCW 49.44.210: any NDA provision preventing disclosure of sexual harassment or assault in the workplace is void. Under the Non-Compete Act (RCW 49.62.020): non-competes are void if the employee earns below the threshold or if the duration exceeds 18 months.
Can my Washington employer enforce an NDA if I leave to work for a competitor?▾
It depends. Washington law (RCW 49.62) allows non-competes only for employees earning above the annual threshold (about $100,000) with reasonable geographic and time limits. For legitimate trade secrets, NDAs remain enforceable. For non-competes that violate the Act, you can challenge them without penalty.
What should I check before signing an NDA in Washington?▾
1) Does it cover workplace misconduct disclosure? (void under RCW 49.44.210). 2) Is it actually a non-compete in disguise? (enforceable only above income threshold, max 18 months). 3) Is the scope limited to legitimate trade secrets? 4) Does it contain a choice of law clause pointing to another state? (Courts may not honor attempts to evade WA law).
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