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Confidentiality: The New Employee Arbitration Battleground

Law360 (June 12, 2019, 12:48 PM EDT) -- A recent decision from a National Labor Relations Board administrative law judge opened a new front in the battle against mandatory employment arbitration agreements. In Pfizer Inc.,[1] the ALJ held that such arbitration agreements may not lawfully force employees to treat the arbitration proceedings or award as confidential. The decision distinguished last year’s U.S. Supreme Court decision in Epic Systems Corp. v. Lewis,[2] which held that the National Labor Relations Act did not prevent employers from requiring employees to individually arbitrate employment disputes.

The ALJ’s decision is not precedential and is expected to receive further review from the NLRB. Despite this, it still is useful...

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