Confidential Information The National Labor Relations Act

News & Analysis as of

The NLRB’s Challenge To Bridgewater’s Confidentiality Clauses: Its Significance For Employers

The NLRB’s new focus on non-union employment has been well–chronicled here. Employment contract provisions thought to be governed only by state contract law principles are now subject to the federal National Labor Relations...more

Winds of Change: the NLRB Challenges Confidentiality Agreements and The Obama Administration’s “Call to Action” to Prohibit...

This year, the federal government is challenging contractual provisions that regularly appear in private employment agreements. Both the National Labor Relations Board (“NLRB”) and the Obama administration have challenged the...more

The NLRB Continues To Go After Non-Union Employers in Industries it Has Historically Not Targeted

Seyfarth Summary: The relevance of the National Labor Relations Act to industries and business sectors that have not traditionally had to deal with its implications – such as hedge funds. The New York Times recently...more

Compensation and Benefits Insights – September 2016 #2

Hardly Water Under the Bridge: NLRB, SEC, OSHA Mount Offensive Against Confidentiality Agreements - A recent New York Times story shed light on complaints by an employee of Bridgewater Associates, a $154 billion hedge...more

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

We Traced The Trade Secret Leak … It’s Coming From Inside The Business

Seyfarth Synopsis: Protecting trade secrets from employee theft requires more than using an NDA when onboarding new employees. If businesses want to protect their confidential information, they need to take a cradle-to-grave...more

A Call For Harmony Between The EEOC And NLRB’s Rules Concerning Prevention And Investigation Of Workplace Harassment

Seyfarth Synopsis: The EEOC’s Select Task Force on the Study of Harassment in the Workplace offers insight into how employers’ harassment prevention policies can change for the better and, in furtherance of this desire for...more

Unionized Employers, Take Note: E-Verify Is a Minefield

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more

Q&A Concerning IP Protection and Social Media Issues in the Workplace

The explosion of digital and social media enables companies to work more efficiently and to easily and creatively promote their products and services to large audiences across the globe. Modern technological developments in...more

Employers Should Take Care When Prohibiting Workplace Recordings

A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....more

California Toughens Equal Pay Law

California employers may no longer pay employees of one sex less than employees of the opposite sex for substantially similar work. This is because, earlier this month, Governor Jerry Brown signed Senate Bill No. 358, the...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

NLRB Expands Joint-Employer Standard: Exercising Direct Control No Longer Required

The National Labor Relations Board (“NLRB”) overturned decades-old precedent by vastly expanding its definition of “joint employer,” upending established federal labor law and creating tremendous uncertainty for companies....more

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

The NLRB Expands Its Reach in the Non-Union Workplace

The National Labor Relations Board continues to infiltrate the workplace even where there are no unions. Standard workplace policies — including those relating to employee conduct, protecting intellectual property, use of...more

Dealership Handbooks Remain In The NLRB's Crosshairs

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

NLRB Limits Confidentiality in Workplace Investigations

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Helpful Guidelines For Employee Handbook Drafting

The NLRB has recently been active in analyzing whether employee handbooks violate Section 7 of the National Labor Relations Act (the “Act”). In light of this, it is advisable for employers to try to imagine their handbook...more

NLRB General Counsel Offers Guidance on Employer Policies and Rules

On March 19, the National Labor Relations Board (NLRB) made public new guidance governing a number of keys areas that have been challenging employers for the last few years. These clarifications could affect employers’...more

NLRB Restricts Company From Requiring Employee to Keep Performance Improvement Plan Confidential

When faced with performance or disciplinary issues, human resource professionals often turn to use of a performance improvement plan (PIP) as a method to explain to employees problems with their work and expectations for...more

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

Mingling Employee Smartphone and Company Work Product Can be Dangerous

Many people will receive new smartphones as presents this month. Think carefully as an employer before allowing your employees to mingle work and pleasure on the same phone....more

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