Tag Archives: confidentiality

Manna From Heaven? – NLRB Has Provided Confidentiality Language That Complies With the Law

Employers, union and non-union alike, have been spinning their wheels every time the NLRB comes out with a new case, general counsel memorandum or advice memorandum slamming a generally accepted employment policy.  This past year, we have seen the NLRB take on social media policies, collective action waivers, at-will disclaimers and confidentiality rules.  This time, … Continue Reading

Make Sure Your Recruiters Know What NOT to Say to Employees

Whether you have in-house or outside recruiters, make clear what they can and cannot say to your employees.  On March 11, 2013, an Administrative Law Judge (“ALJ”) for the National Labor Relations Board made the recommendation that Aerotek, Inc., an employee staffing company, violated the National Labor Relations Act (“NLRA”) when its recruiters told employees … Continue Reading

FMLA Update: Revised FMLA Regulations Mandate Compliance With GINA’s Confidentiality Requirements

The revised regulations for the Family and Medical Leave Act (FMLA) require that records or certifications submitted for FMLA leave that contain genetic information and family medical history are subject to the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA).  Click here for a link to GINA’s confidentiality regulations (29 C.F.R. §1635.9). … Continue Reading

Appeals Court Says ADA’s Safe Harbor Provision Permitted Medical Examination and Disability-Related Inquiries for Wellness Program Tied to Group Health Plan

The Eleventh Circuit Court of Appeals, which has jurisdiction over Florida, ruled on Monday that Broward County’s wellness program, which required employees to undergo a biometric screening and fill out a health assessment questionnaire, did not violate the Americans with Disabilities Act (“ADA”).  The ADA generally prohibits medical examinations and disability-related inquiries unless job-related and … Continue Reading

Employers Beware: NLRB Says Your Confidentiality Rules and At-Will Employment Disclaimers May Violate the Law

This summer, the National Labor Relations Board (“NLRB”) highlighted its position that confidentiality rules and at-will employment disclaimers routinely promulgated by employers may violate the federal labor law.  The NLRB held that a generalized directive to employees not to discuss matters under investigation with co-workers interfered with the National Labor Relations Act (“NLRA”).  The NLRB … Continue Reading

NLRB’s Acting General Counsel Provides Do’s and Don’ts for Social Media Policies

The National Labor Relations Board Acting General Counsel Lafe E. Solomon issued his third report on employees’ social media use on May 30.  We previously blogged about the first report (see NLRB Issues Guidance on Social Media Policies) and several other NLRB cases involving social media. This recent report focuses on the lawfulness of several … Continue Reading

Federal Appeals Court Agrees with NLRB That a Confidentiality Provision in an Employment Agreement Violated the Law

As discussed in an earlier post (NLRB OKs Employee Bad-Mouthing on Social Media), the National Labor Relations Board is not just in the business of regulating union activity.  According to law, two or more employees (regardless of union affiliation) are protected in acting together to improve the conditions of their employment, including wages and hours. This is … Continue Reading
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