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.
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