The D.C. Circuit Court of Appeals recently affirmed the decision of the
National Labor Relations Board which found that the confidentiality
provision in the employee handbook of a non-unionized employer violated
the National Labor Relations Act. In light of this decision,
employers— particularly non-unionized employers— should review
their confidentiality and communication policies, in handbooks and/or
employment agreements, and determine whether they need to be revised. This
alert reviews the court’s decision and provides practical guidance
for employers in revising their policies.
