Title 34A
Utah Labor Code
34A-5-114.
Limitations on enforceability of nondisclosure and non-disparagement clauses — Retaliation prohibited., Utah Code Ann. § 34A-5-114
Summary
(1)As used in this section:
(a)“Confidentiality clause” means a nondisclosure clause or a non-disparagement clause.
(b)“Employee” means a current or a former employee.
(c)“Nondisclosure clause” means an agreement between an employee and employer that:
(i)prevents, or has the effect of preventing, an employee from disclosing or discussing:
(A)sexual assault;
(B)allegations of sexual assault;
(C)sexual harassment; or
(D)allegations of sexual harassment.
(d)“Non-disparagement clause” means an agreement between an employee and employer that prohibits, or has the effect of prohibiting, an employee from making a negative statement that is:
(i)about the employer; and
(ii)related to:
(A)a claim of sexual assault or sexual harassment;
(B)a sexual assault dispute; or
(C)a sexual harassment dispute.
(e)“Post-employment restrictive covenant” means the same as that term is defined in Section 34-51-102.
(f)“Proprietary information” means an employer’s business plan or customer information.