Trade Secrets Act and DTSA: Federal laws protecting trade secrets and confidential business information, providing legal framework for enforcement of confidentiality agreements
National Labor Relations Act: Protects employees' rights to discuss working conditions; confidentiality agreement must not interfere with these protected activities
Whistleblower Protection Acts: Ensures employees' rights to report illegal activities to appropriate authorities without retaliation, must be explicitly carved out in agreement
Equal Employment Opportunity Laws: Ensures confidentiality provisions don't discriminate against protected classes or interfere with ability to file discrimination complaints
Privacy Laws (HIPAA, GINA, FMLA): Governs handling of sensitive personal, medical, and genetic information in workplace; agreement must align with these privacy requirements
State Trade Secret Laws: State-specific protections for trade secrets that may supplement or differ from federal law; must be considered in jurisdiction of enforcement
Enforceability Requirements: Legal elements necessary for contract validity: reasonable scope/duration, legitimate business interest, consideration, and clear specific terms
Public Policy Exceptions: Carve-outs required for public policy reasons: whistleblowing, reporting illegal activities, discussing working conditions, government cooperation
