Case: Labor Relations/Arbitration (N.L.R.B.)

The National Labor Relations Board ruled that an employer’s contract provision requiring employees to keep the subject and materials of arbitration proceedings confidential is lawful. The majority opinion stated that the case should be evaluated under the standard set in the 2020 California Commerce Club ruling, which states that gag orders within an arbitration agreement do not violate federal labor law because they are shielded by the Federal Arbitration Act. While the gag order also had a savings clause stating that it shall not prohibit the discussion of workplace terms and conditions, the concurrence argued that the California Commerce Club ...