Bloomberg Law
Jan. 18, 2022, 10:47 PMUpdated: Jan. 18, 2022, 11:44 PM

Labor Board Rethinks Worker Gag Orders in Arbitration Pacts (1)

Robert Iafolla
Robert Iafolla

The National Labor Relations Board will reconsider Trump-era precedent allowing workplace arbitration agreements to include clauses requiring workers to keep the proceedings confidential.

The NLRB on Tuesday invited the public to file briefs on whether it should reverse its 2020 ruling in California Commerce Club that allowed a gag order in an arbitration agreement.

The board also asked for views on reworking board precedent that says employers can use disclaimers—typically known as savings clauses—to fix arbitration agreements that otherwise would be deemed unlawful for obstructing a worker’s ability to file charges with the NLRB.

The case could let the Democratic-majority ...

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