Honeywell International violated federal labor law by requiring employees to sign an overly broad confidentiality agreement as a condition of employment, an NLRB Administrative Law Judge ruled March 10.
Applying the Board’s Stericycle standard, the ALJ found that the policy could reasonably discourage employees from discussing workplace issues — such as pay, benefits, or coworker information — even though the policy did not explicitly prohibit those discussions. The decision reflects the NLRB’s current approach of evaluating workplace policies from the perspective of an average employee, rather than focusing on employer intent.
Federal law protects employees’ ability to talk with one another, and with third parties, about workplace conditions. Under Stericycle, if a policy could reasonably be interpreted to deter those conversations, it is presumed to be unlawful unless the employer can show that the rule is tailored narrowly to serve a strong business need.
The full NLRB may review the Honeywell decision. The case could become part of a broader effort by the Board to revisit the strictness with which workplace policies are evaluated.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.