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NLRB: Broad Confidentiality Clauses May Be Per Se Unlawful

Written by H. Andrew Matzkin and Paula Lyons

Many employers have employees sign confidentiality agreements aimed at prohibiting disclosure of confidential business information to third parties, and it has been widely assumed that such clauses were lawful. That assumption may no longer be accurate, however, as a recent First Circuit decision has held that confidentiality clauses in employment contracts can constitute a per se violation of employees’ protected employee rights under the National Labor Relations Act (NLRA) if the clauses can be read as prohibiting all discussions of wages, hours, and working conditions.  Click here to read the full article.

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Martha Zackin