First Amendment Considerations: Must ensure the agreement doesn't infringe on constitutionally protected free speech rights
National Labor Relations Act (NLRA): Must comply with Section 7 rights protecting employees' ability to discuss working conditions and engage in concerted activities
EEOC Regulations: Agreement cannot prevent individuals from filing complaints with the Equal Employment Opportunity Commission or participating in investigations
Defend Trade Secrets Act (DTSA): Consider implications for protection of trade secrets while ensuring compliance with whistleblower provisions
Age Discrimination in Employment Act (ADEA): Ensure compliance with specific requirements for agreements involving employees over 40 years old
Title VII of the Civil Rights Act: Cannot prevent reporting of discrimination or harassment claims under federal civil rights laws
Americans with Disabilities Act (ADA): Must preserve rights to file complaints regarding disability discrimination
California Specific Laws: Consider AB 2964 and SB 331 restrictions on confidentiality in settlement agreements if applicable to California
The Speak Out Act: Federal law limiting enforcement of non-disclosure and non-disparagement provisions in cases of sexual harassment or assault
State Whistleblower Laws: Must include carve-outs for state-specific whistleblower protections and reporting rights
Scope and Duration: Agreement must have reasonable limitations on scope and duration to be enforceable
Consideration Requirement: Must include valid consideration to make the agreement legally binding
Protected Speech Carve-outs: Include explicit exceptions for legally protected speech and truthful statements made to government agencies
Enforcement Mechanisms: Clear definition of what constitutes a breach and specific enforcement procedures
