Jackson Lewis has posted an analysis of the National Labor Relations Board’s latest decision in Flex Frac Logistics, LLC, 360 NLRB No. 120 (2014). In this decision, the Board determined that it was lawful to discharge an employee for violating a confidentialty policy which the Board separately found was unlawfully overbroad under Section 7
Fifth Circuit Ruling Serves as Reminder that Confidentiality Agreements Should be Drafted so as to not Tread on NLRA Section 7 Rights
The Fifth Circuit Court of Appeals has affirmed a finding of the National Labor Relations Board (“NLRB”) that a confidentiality clause that defines “confidential information” to include “financial information, including costs, prices . . . [and] personnel information” among other items was overly broad and restricted the rights of non-managerial employees to engage in concerned