Memo #: 17-082
Date:       4/14/2017
D.C. Circuit Rules in Banner Health That Broadly Worded Confidentiality Agreement Violates Federal Labor Law, But Sends Issue of Whether Employer Can Impose Nondisclosure Policy During Internal Investigations Back for Reconsideration

The appeals court found that the employer’s broadly worded confidentiality agreement could be read to unlawfully impinge on the rights of employees under the National Labor Relations Act, but refused to endorse the rationale advanced by the National Labor Relations Board to find the investigative nondisclosure policy unlawful.
Topic Area:
Best Practices









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