The NLRB Expands the Use of Confidentiality Rules in The Boeing Co.

As most employers are aware, the National Labor Relations Board’s decision in The Boeing Co., 365 NLRB No. 154 (2017), established a new standard that significantly broadens the scope of rules, policies, and handbook provisions that lawfully may be maintained under the National Labor Relations Act. The General Counsel’s recent Memorandum GC 18-04 (Guidance on Handbook Rules Post-Boeing) provides important guidance about how the Board’s decision will affect many types of workplace rules, including taking on the challenging task of categorizing confidentiality rules as lawful or unlawful.