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Confidential Information

Confidential Workplace Investigations – a Dilemma for Employers

[07/28/15]

Posted on July 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Employees in the private sector have a legally protected right to engage in concerted activity for their mutual aid and protection. The NLRB has interpreted this to mean that employees have the right to discuss among themselves ongoing confidential investigations initiated by the employer in response to workplace complaints. An employer that requires or... READ MORE

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Company Gets in Trouble for Unlawfully Broad Confidentiality Agreement

[03/09/15]

Posted on March 9, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

A company that provides wheelchair accessible van transportation services to clients, including the Department of Veterans Affairs, got into trouble when it required employees to sign a confidentiality agreement that the NLRB found interfered with employees’ protected rights. The company was ordered to rescind the unlawful portions of the agreement and notify all employees that... READ MORE

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More Employer Policies Challenged: Where Exactly Is the Line?

[06/13/13]

Posted on June 13, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

The National Labor Relations Board has, for at least the past two years, been focusing on private employer policies that interfere with employee rights to engage in protected concerted activity for their mutual aid and protection.  Employer policies that prohibit talking about wages, hours and working conditions while at or away from work have... READ MORE

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NLRB Attacks Employer Handbooks – Again

[02/09/13]

Posted on February 9, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

Confidentiality, Public Relations and Blogging Policies Held to Be Unlawful As we reported in our Employment Law News article in January, the NLRB has been very active in challenging any employer policy that could reasonably be understood by an employee to interfere with rights protected under the National Labor Relations Act (“NLRA”).  The NLRA... READ MORE

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Are Contractual Non-Disparagement and Proprietary/Confidential Information Clauses Actually Illegal?

[01/11/13]

Posted on January 11, 2013 in HR Insights for Health Care

Written by: Stephen W. Lyman

NLRB Judge Rules That Clauses That Are Too Broad Are Illegal As we have seen in the recent months, the NLRB has been very focused on the rights of employees – union and non-union – to talk about their wages, hours and working conditions whether face-to-face or on Facebook.  A decision by an NLRB administrative law... READ MORE

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