Confidentiality clause meets labor rights in NLRA case

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Abstract: Confidentiality clauses are increasingly common to protect business data, but sometimes they can clash with an employee’s labor rights. This article looks at a case in which a terminated employee claimed that the employer’s confidentiality clause, which prohibited sharing company “financial information” and “personnel information,” conflicted with the employee’s right under the National Labor Relations Act to discuss wages with others — even though the clause didn’t explicitly prohibit employee discussion of wages. Flex Frac Logistics, LLC v. NLRB, No. 12-60752, March 24, 2014 (5th Cir.) Lutheran Heritage Village–Livonia, 7-CA-44877; 343 NLRB No. 75, Nov. 19, 2004 (NLRB)