The National Labor Relations Board is at it again. The NLRB is continuing its attack on hitherto standard employment policies and practices. Recently, an administrative law judge for the NLRB took a double swipe against employers in Laurus Technical Institute, striking down a no-gossip policy as overbroad and, without fanfare, calling into question employers’ ability to prohibit employees from soliciting coworkers to join a competitor. Labor lawyers are talking about this decision for its holdings pertaining to no-gossip policies, allowing the encroachment on employers’ rights to protect their business interests vis-à-vis competitors to go virtually unnoticed.
In Laurus Technical Institute, an employer of a for-profit technical school issued a policy banning gossip. The policy defined gossip as:
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