Non Disclosure Agreement Regarding Salary for the United States

Non Disclosure Agreement Regarding Salary Template for United States

A legally binding agreement used in the United States to protect the confidentiality of salary information within an organization. This document establishes obligations for maintaining salary information confidential while respecting federal and state-specific labor laws, including the National Labor Relations Act and various pay transparency regulations. It defines the scope of confidential salary information, permitted disclosures, and duration of confidentiality obligations.

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What is a Non Disclosure Agreement Regarding Salary?

The Non-Disclosure Agreement Regarding Salary is essential for organizations seeking to maintain confidentiality of compensation information while operating within US legal frameworks. This document becomes particularly relevant when employees or contractors have access to sensitive salary data through their roles. It must carefully balance the employer's interest in maintaining confidentiality with employees' rights under the National Labor Relations Act and state-specific pay transparency laws. The agreement typically covers salary ranges, individual compensation details, bonus structures, and other compensation-related information while explicitly acknowledging legally protected discussions about wages.

What sections should be included in a Non Disclosure Agreement Regarding Salary?

1. Parties: Identification of the employer and employee/contractor entering into the agreement

2. Background: Context of the agreement and purpose of maintaining salary confidentiality

3. Definitions: Key terms including 'Confidential Information', 'Salary Information', 'Permitted Disclosures'

4. Scope of Confidentiality: Specific details of what salary information must be kept confidential

5. Permitted Disclosures: Circumstances where salary information can be disclosed (legal requirements, to coworkers, etc.)

6. Duration: Time period for which the confidentiality obligations remain in effect

7. Governing Law: Jurisdiction and applicable laws governing the agreement

What sections are optional to include in a Non Disclosure Agreement Regarding Salary?

1. Dispute Resolution: Procedures for handling disputes, including arbitration or mediation procedures

2. Severability: Provision ensuring rest of agreement remains valid if any part is found unenforceable

3. Return of Information: Requirements for returning or destroying confidential information when physical or digital copies are shared

What schedules should be included in a Non Disclosure Agreement Regarding Salary?

1. Schedule A - Excluded Information: List of salary-related information that is explicitly excluded from confidentiality requirements

2. Schedule B - Authorized Recipients: List of persons or entities authorized to receive salary information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

National Labor Relations Act (NLRA): Federal law that protects employees' rights to discuss wages and working conditions. Key consideration: Cannot prohibit employees from discussing salaries with coworkers.

State Pay Transparency Laws: Various state-specific laws (e.g., in California, Colorado, New York) requiring salary transparency and sometimes explicitly prohibiting employers from requiring salary confidentiality.

Equal Pay Act: Federal law requiring equal pay for equal work, regardless of gender. Must be considered when drafting salary-related agreements.

Title VII of the Civil Rights Act: Federal law prohibiting discrimination in employment, including pay discrimination based on protected characteristics.

State-Specific NDA Regulations: Various state laws governing how NDAs can be structured and enforced, with different limitations and requirements depending on jurisdiction.

At-will Employment Doctrine: Legal principle in US employment law that must be considered when drafting employment-related agreements, including salary NDAs.

Defend Trade Secrets Act (DTSA): Federal law providing uniform standards for trade secret protection, relevant when considering what salary information can be protected as confidential.

Uniform Trade Secrets Act (UTSA): Model law adopted by most states that governs trade secret protection and may affect how salary information can be protected.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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