A provision in Utah's new sexual offenses law changes what employment agreements you can require—and most business owners haven't heard about it yet.
Most Utah professional services owners don't realize that a provision buried in HB0090 (Sexual Offenses Amendments) will directly affect the employment agreements they can use starting January 1, 2027. The change is significant enough that it's worth understanding now, before you need to revise your policies.
HB0090 expanded the legal definition of "sexual assault" under Utah Code Section 34A-5-114 (found on page 26 of the bill). Specifically, the law removed three prior exclusions from that definition: sexual battery (76-5-418), lewdness (76-5-419), and lewdness involving a child (76-5-420).
That may sound technical, but here's why it matters to you: Utah law already prohibited employers from requiring nondisclosure or non-disparagement clauses in employment agreements when those clauses relate to "sexual assault." By expanding what counts as sexual assault, HB0090 expanded the types of workplace misconduct allegations you cannot legally restrict through employment contracts.
Effective January 1, 2027, you cannot require employees—as a condition of employment—to sign agreements that:
This applies to all professional services businesses in Utah, regardless of size. Whether you're a solo practitioner or a mid-sized firm, the restriction applies equally.
If your current employment agreements, confidentiality clauses, or settlement language include broad nondisclosure or non-disparagement provisions, those provisions will become unenforceable—at least insofar as they apply to allegations now covered by the expanded sexual assault definition.
The practical effect: an employee or former employee cannot be legally prevented from discussing or disclosing workplace misconduct allegations that fall under the newly expanded definition, even if your agreement says otherwise.
Any professional services firm that uses standard employment agreements, confidentiality agreements, or settlement agreements should review those documents. This includes law firms, accounting practices, consulting firms, medical and dental practices, architectural firms, and similar businesses.
If you've ever required employees to sign agreements restricting their ability to discuss workplace conduct—or if you settle disputes with nondisclosure clauses—this change affects you.
You don't need to act immediately, but you should plan to review and update your standard employment and settlement agreements before January 1, 2027. This is a good time to consult with an employment attorney familiar with Utah law to ensure your agreements comply with the new definition.
The effective date is January 1, 2027 (Section 35, page 89 of HB0090). The operative provision is Section 6 (34A-5-114), page 26.
This explainer is for informational purposes and does not constitute legal advice. Consult an employment attorney about how this change applies to your specific agreements and practices.