Confidentiality Policies

News & Analysis as of

OFCCP Issues Proposed Rule on Employer Wage Confidentiality Policies

Last week, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) released proposed regulations that would bar federal contractors from adopting or enforcing policies that prohibit employees from...more

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

Flex Frac Decision Highlights Need for Employers to Reexamine Confidentiality Policies

In recent years, the National Labor Relations Board (the “Board”) has waged a campaign against what it considers to be “overbroad” employer confidentiality policies. In dozens of decisions, the Board and administrative law...more

NLRB Strikes Down “Negativity” Policy

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. Last week...more

Maintaining Privilege With Consultants - Practical Guide

Previously, we talked about the legal standards applied to claims of attorney-client privilege between a company's general counsel and outside consultants. Now, let's talk about practical tips for maintaining that...more

Federal Court Enforces NLRB’s Decision To Strike Down Overbroad Confidentiality Policy

Eighteen months ago, we reported on a slate of decisions from the National Labor Relations Board (NLRB) which struck down social media, confidentiality and other similar policies from non-union employee handbooks. In a...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

More Decisions on Social Media

You have read in this newsletter and elsewhere that the National Labor Relations Board has been cracking down on company policies that restrict what employees can say about their employers. New decisions continue to narrow...more

Do Your Confidentiality Policies Pass NLRB's Expanding Standards?

The National Labor Relations Board, the agency that enforces federal labor law, continues to challenge employer policies that seek to impose confidentiality constraints on employees....more

Practical Tips on Board Confidentiality

Heightened stockholder engagement and influence, a proliferation in the availability of third-party information (including through social media) and a desire for greater corporate transparency and accountability have...more

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