Recently, the United States Court of Appeals for the Second Circuit held that an employer violated the National Labor Relations Act (NLRA) by terminating an employee for refusing to sign an unlawful confidentiality agreement. The agreement required employees to maintain confidential information protected by HIPAA, but it then went further and “strictly prohibited” employees from disclosing information with respect to all “non-public information intended for internal purposes,” including “administrative information such as salaries and the contents of employment contracts.”

Section 7 of the NLRA guarantees employees "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”  Section 8(a)(1) of the Act makes it an unfair labor practice for an employer "to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in Section 7" of the Act.

All employees covered by the NLRA, regardless of whether they are unionized, have the right to engage in what is considered “protected concerted activity” under the NLRA, and discipline based on any policy that restricts concerted activity is unlawful. While a lawful confidentiality policy could prohibit HR or accounting staff from discussing the salaries of other employees, such a policy could not prohibit employees' discussing their own compensation rate or asking their coworkers to discuss their compensation.

Employers should review all HR policies to be sure they don’t unwittingly violate Section 8(a)(1) of the National Labor Relations Act by infringing upon employee rights protected in Section 7.

Employers with Directors and Officers insurance, including Employment Practices Liability coverage, through Bukaty Companies, have access to free, unlimited consultations with an Employment Risk Manager. 

For More Information Contact Us Today: info@bukatyagency.com

Posted 11:12 PM

Share |


No Comments


Post a Comment
Name
Required
E-Mail
Required (Not Displayed)
Comment
Required


All comments are moderated and stripped of HTML.
Submission Validation
Required
CAPTCHA
Change the CAPTCHA codeSpeak the CAPTCHA code
 
Enter the Validation Code from above.
NOTICE: This blog and website are made available by the publisher for educational and informational purposes only. It is not be used as a substitute for competent insurance, legal, or tax advice from a licensed professional in your state. By using this blog site you understand that there is no broker client relationship between you and the blog and website publisher.
Blog Archive


View Mobile Version
Contact us
Business Insurance: 913.951.2400 Personal Insurance: 913.777.7549
Bukaty Property & Casualty Services, Inc
4601 College Blvd Suite 100
Leawood, KS 66211



Instant Home & Auto Quotes: 913.953.8888
Business Insurance: 913.951.2400
Personal Insurance: 913.777.7549
Fax: 913.562.1392
Email: help@bukatyagency.com
Hours: 8:00 AM – 5:00 PM M-F
Bukaty Companies
Benefits Administration
4601 College Blvd. Ste 100 Leawood KS 66211 913.345.0440

Employee Benefits
4601 College Blvd. Ste 100 Leawood KS 66211 913.345.0440
501 Fay Street, Ste 210 Columbia MO 65201 573.303.0730

Financial Services
4860 College Blvd., Ste 100 Overland Park KS 66211 913.338.5300

Payroll & Accounting
4601 College Blvd. Ste 100 Leawood KS 66211 913.345.0440
Facbook LinkedIn


Privacy Policy | Terms & Conditions | © 2018 Bukaty Companies
Powered by Insurance Website Builder