Agreement · Employment & Workplace Relations

Employee confidentiality and invention assignment, with DTSA notice

Employee agreement on confidential information and inventions, including the Defend Trade Secrets Act immunity notice. California employees get the Labor Code § 2870 carve-out. A contractor needs a different work-made-for-hire analysis.

Kind
Agreement. A contract between two or more parties.
Where it applies
United States
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 5 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when an employee will have access to trade secrets or other confidential information, or is expected to create inventions in the job. Do not use it as the only agreement with a contractor. Do not use it to impose a non-compete.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may assemble this agreement from the employer's facts and flag a missing DTSA notice or a missing California carve-out. The lawyer decides the invention clause for the state where the employee works before the employee signs.

AI may

  • Insert the employer name and the employee's role from the offer sheet
  • Flag whether the draft includes the § 1833(b) notice and, for a California workplace, the § 2870 carve-out
  • Compare a contractor draft with this employee form and list clauses that assume employment

AI must not

  • Must not delete the immunity notice
  • Must not apply the California carve-out, or omit it, without the lawyer identifying the employee's workplace
  • Must not add a non-compete

The lawyer checks

  • The agreement governs trade secrets or other confidential information, so § 1833(b) notice is included, or a cross-reference to a policy that meets § 1833(b)(3)(B)
  • For a California employee, inventions excluded by Labor Code § 2870 are not assigned
  • Copyright is treated as a work made for hire only where Circular 30's test is met, and any assignment is in a signed writing

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Employment & Workplace Relations

All precedents for Employment & Workplace Relations · Tasks and AI use in this area