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Nevada Employee and Severance NDA

Draft a Nevada employee or severance NDA aligned with NRS 10.195, which voids settlement gags on sex-based discrimination, harassment, and retaliation facts.

Introduction

A Nevada employee NDA is a confidentiality agreement between a company and a worker that protects the employer's trade secrets and confidential business information. A severance NDA is the version signed at separation, usually inside a settlement or release agreement, and it often keeps the terms of the exit private. What separates it from a commercial NDA between two businesses is who signs it: a worker cannot be forced to stay silent about unlawful conduct. In Nevada, NRS 10.195 targets settlement agreements rather than a standalone onboarding NDA. For any settlement entered on or after July 1, 2019, a provision restricting disclosure of factual information about a sexual offense punishable as a felony, sex discrimination by an employer, or retaliation for reporting sex discrimination is void and unenforceable. DocDraft drafts a Nevada employee or severance NDA from your facts, with that carve-out built in, and attorney review is available before anyone signs.

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Key Things to Know

  1. 1

    Nevada's rule is NRS 10.195, enacted by AB 248 in 2019. It voids settlement provisions that restrict disclosure of factual information about certain sex-based conduct.

  2. 2

    It targets settlement agreements, not onboarding NDAs. The statute governs settlement and severance releases entered on or after July 1, 2019, not a standalone NDA signed at hire.

  3. 3

    The scope is sex-based. It covers a sexual offense punishable as a felony, discrimination on the basis of sex by an employer, and retaliation for reporting sex discrimination, not all protected classes.

  4. 4

    A gag on those facts is void and unenforceable. If a settlement tries to restrict disclosure of that factual information, the provision is struck rather than enforced.

  5. 5

    It matters most for severance that resolves a claim. Because the law reaches settlements, the biggest impact is on a severance NDA tied to a sex-based dispute.

  6. 6

    Trade secrets stay protectable. NRS 10.195 limits confidentiality over the facts of a sex-based claim, not legitimate business information, which a Nevada NDA can still cover.

  7. 7

    Federal protections stack on top. The Speak Out Act, the Defend Trade Secrets Act immunity notice, and non-waivable EEOC and NLRB reporting rights apply in Nevada alongside NRS 10.195.

Key decisions before you file

Before you file a Employee and Severance NDA in Nevada, a few decisions shape the document: which option to choose and what each one means. The Employee and Severance NDA guide walks through them.

Open the Employee and Severance NDA guide

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NEVADA EMPLOYEE NON-DISCLOSURE AGREEMENT

This Employee Non-Disclosure Agreement ("Agreement") is entered into as of [DATE] by and between [COMPANY NAME] ("Company") and [EMPLOYEE NAME] ("Employee"). This Agreement is governed by Nevada law.

  1. PURPOSE In the course of Employee's employment, Employee will have access to confidential and proprietary information of the Company. Employee agrees to protect that information on the terms below.

  2. CONFIDENTIAL INFORMATION "Confidential Information" means non-public information the Company treats as confidential, including trade secrets, business and financial data, customer and pricing lists, methods, processes, software, and other proprietary information disclosed to or learned by Employee. Confidential Information does not include information that is or becomes public through no fault of Employee, that Employee lawfully knew before employment, or that is independently developed without use of the Company's information.

  3. OBLIGATIONS Employee agrees to use Confidential Information solely for the benefit of the Company, to not disclose it to any third party without authorization, and to return or destroy all Confidential Information on request or at the end of employment.

  4. PROTECTED DISCLOSURES (NEVADA, NEV. REV. STAT. 10.195) Nothing in this Agreement limits Employee from reporting to, filing a charge with, or cooperating with any government agency, including the Nevada Equal Rights Commission, the Equal Employment Opportunity Commission, the National Labor Relations Board, or the Securities and Exchange Commission, or from exercising any right that cannot lawfully be waived. Consistent with the federal Speak Out Act, this Agreement does not restrict Employee from speaking about a dispute involving sexual assault or sexual harassment. If this Agreement is or is part of a settlement or severance release entered on or after July 1, 2019, it does not prohibit or restrict Employee from disclosing factual information relating to a sexual offense punishable as a felony, discrimination on the basis of sex by an employer, or retaliation by an employer against Employee for reporting discrimination on the basis of sex. Under NRS 10.195, any provision to the contrary is void and unenforceable.

  5. DEFEND TRADE SECRETS ACT NOTICE Under the Defend Trade Secrets Act (18 U.S.C. Section 1833(b)), an individual is immune from criminal or civil liability for disclosing a trade secret (i) in confidence to a government official or attorney solely to report or investigate a suspected violation of law, or (ii) in a complaint or other document filed under seal in a lawsuit or other proceeding.

  6. NO OTHER RESTRICTIONS ON RIGHTS This Agreement does not waive Employee's right to file a charge, testify, or participate in an investigation, and does not require Employee to notify the Company before doing so.

  7. TERM AND ENFORCEMENT Employee's obligations as to Confidential Information continue during and after employment for as long as the information remains confidential. The Company may seek injunctive relief and any other remedy available at law for a breach, subject to the protected disclosures above.

  8. GENERAL This Agreement is governed by Nevada law. If any provision is unenforceable, the remaining provisions stay in effect. This Agreement is the entire understanding between the parties on this subject.

[COMPANY NAME] By: [SIGNATURE] Name/Title: [NAME AND TITLE] Date: [DATE]

EMPLOYEE [SIGNATURE] Name: [EMPLOYEE NAME] Date: [DATE]

Nevada Requirements for Employee and Severance NDA

Nevada NRS 10.195

Draft a Nevada employee or severance NDA aligned with NRS 10.195, which voids settlement gags on sex-based discrimination, harassment, and retaliation facts.

Frequently Asked Questions

An employee NDA is a contract in which a worker agrees to keep the employer's confidential information private, such as trade secrets, client and pricing data, and internal processes. It differs from a commercial NDA between two businesses because of who signs it and the limits employment law places on it. Nevada's key limit, NRS 10.195, is aimed at settlement agreements rather than a standalone onboarding NDA, and it voids gags on the facts of certain sex-based claims.

For a settlement agreement entered on or after July 1, 2019, NRS 10.195 makes void and unenforceable any provision that prohibits or restricts a party from disclosing factual information relating to a sexual offense punishable as a felony, discrimination on the basis of sex by an employer, or retaliation by an employer for reporting sex-based discrimination. In short, a Nevada settlement cannot silence the underlying facts of those sex-based claims.

NRS 10.195 is written for settlement agreements, not standalone onboarding NDAs, so a confidentiality agreement you sign at hire is not the direct target of the statute. That said, federal protections still apply to any Nevada NDA: the Speak Out Act limits pre-dispute gags on sexual assault and sexual harassment, and rights to report to agencies like the EEOC and NLRB cannot be waived. The sex-based settlement carve-out becomes central once an NDA is part of a settlement or severance release.

It covers three categories of sex-based conduct: a sexual offense that would be punishable as a felony, discrimination on the basis of sex by an employer, and retaliation by an employer against the claimant for reporting sex-based discrimination. The scope is sex-based rather than every protected characteristic, which distinguishes Nevada from states whose laws reach discrimination across the board.

Not as to the underlying facts. Under NRS 10.195, a settlement or severance release entered on or after July 1, 2019 cannot prohibit or restrict a party from disclosing factual information about the sex-based conduct the statute lists, which includes sexual misconduct and sex-based discrimination and retaliation. A Nevada severance NDA can still protect trade secrets and other confidential business information, but it cannot bury those claim facts.

The offending provision is void and unenforceable. Rather than voiding the entire agreement, Nevada law treats the specific gag on disclosing the protected factual information as struck, so the rest of a properly drafted settlement or severance release can still stand. The cleaner approach is to draft the confidentiality terms compliant from the start with the sex-based carve-out in place.

Yes. NRS 10.195 limits confidentiality over the facts of certain sex-based claims in settlement agreements, not the protection of legitimate confidential information. A Nevada employee or severance NDA can still protect trade secrets, client and pricing data, processes, and other genuine proprietary information, and it should include the federal Defend Trade Secrets Act immunity notice like any well-drafted NDA.

Nevada does not mandate one exact sentence, but because NRS 10.195 makes any gag on the listed sex-based facts void, a well-drafted Nevada settlement or severance release states plainly that it does not restrict disclosure of that factual information. DocDraft builds that carve-out into a Nevada settlement or severance version by default, so the confidentiality terms hold up instead of being struck.