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A few weeks ago, we informed you about the National Labor Relations Board’s (NLRB) recent attempts to find violations of the National Labor Relations Act (NLRA) in commonly used employment policies. In that article, we summarized the NLRB’s take on the legality of social media and other employee communication policies. More recently, we wrote an article describing the NLRB’s belief that federal labor policy trumps federal policy regarding arbitration agreements, and several courts’ rejection of that argument. Now the NLRB has combined these two principles in its most recent decision, Banner Health Systems v. Navarro, which found on July 30 that an employer’s policy of suggesting to employees that they maintain confidentiality during internal investigations was unlawful, even where the employer did not threaten to take disciplinary action if the employee breached confidentiality.

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