Federal Court Finds Confidentiality Rule Violates NLRA

Law360, New York (March 23, 2007, 12:00 AM EDT) -- The D.C. Circuit Court of Appeals has held that an employer's confidentiality rule violates federal labor law because it could be construed to prohibit employees from discussing the terms and conditions of their employment, even though it does not expressly prohibit employees from doing so. See Cintas Corp. v. NLRB (March 16, 2007).

In Cintas, the employee handbook contained a provision stating: “We honor confidentiality. We recognize and protect the confidentiality of any information concerning the company, its business plans, its partners [which is how the...
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