How an Information Technology & Services Business Hired a Lawyer to Draft an Employee Non-Disclosure Agreement in California

The answer here is strongly dependent on the language itself within the non-disclosure agreement. For example if there is language pertaining to disparagement, such terms often do limit the ability to communicate information with third parties, with some limitations such as law enforcement, federal agencies, or legal representation. Without reviewing your specific agreement it is hard to give a clear answer but it is a distinct possibility that the language can indeed restrict communication with third parties, especially if you received some manner of financial benefit from signing the agreement with the employer.

This is an excellent question, and one that many employees have as workplace transparency becomes increasingly important. In general, while Employee Non-Disclosure Agreements (NDAs) can restrict the sharing of confidential business information, they cannot legally prevent you from discussing your own employment conditions—such as salary, benefits, hours, and working conditions—with others. 1. Federal Protections Under the NLRA The National Labor Relations Act (NLRA) protects most private-sector employees’ rights to discuss terms and conditions of employment, including: Pay and bonuses Hours and schedules Workplace policies Benefits Working conditions These discussions are considered “protected concerted activity,” especially when they relate to improving workplace conditions or comparing treatment. 2. NDAs Cannot Override Federal Law Even if an NDA includes language that attempts to restrict these discussions, such provisions are likely unenforceable if they conflict with federal labor protections. However, your NDA can lawfully prohibit disclosure of: Trade secrets Business strategies Client lists Proprietary systems or processes 3. State Laws May Provide Additional Protection Some states go further by enacting laws that expressly ban employers from preventing salary or benefit discussions, or penalizing employees for doing so. What You Can Do: Review your NDA carefully to identify what it defines as “confidential information.” Look for language that appears overly broad or vague, especially if it includes general employment terms. If you are uncertain, a legal review can help determine whether any clause may violate federal or state protections. I would be happy to help interpret your NDA and ensure your rights are protected while respecting any legitimate confidentiality obligations.