Confidentiality provision may violate federal labor law — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Confidentiality provision may violate federal labor law

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in Employment Law,Firing,HR Management,Human Resources,Office Management,Records Retention

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent National Labor Relations Board (NLRB) ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision.

The NLRB held that the provision was unlawful because employees reasonably could construe it as restricting discussions with union representatives.

This decision is important because the National Labor Relations Act (NLRA) prohibits work rules that restrict the discussion of wages or working conditions among employees or with a union, or rules that might restrict such discussions.

Trouble getting paid

Jamison Dupuy was a right-of-way agent for Northeastern Land Services (NLS), a temporary employment agency. His duties included performing various acti...(register to read more)

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