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Banner Health System v. NLRB

Articles Discussing Case:

What Can You Say? D.C. Circuit Speaks on Employee Confidentiality

Littler Mendelson, P.C. • April 04, 2017
In a ruling that affects both union and non-union employers, the U.S. Court of Appeals for the D.C. Circuit recently held in Banner Health System v. NLRB that employers may not prohibit employees from discussing information related to employees’ salaries and discipline. While this decision does not break new ground, it does provide employers with some guidance on how the D.C. Circuit will scrutinize efforts to maintain confidentiality surrounding HR investigations.

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