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The National Labor Relations Board has held an employer lawfully included confidentiality language in an arbitration agreement its employees were required to sign as a condition of employment. California Commerce Club, Inc., 369 NLRB No. 106 (June 19, 2020). The ruling also makes clear there are limits to such confidentiality restrictions and employers may not discharge or discipline an employee for violating such a provision if the violation involves discussing terms and conditions of employment protected under Section 7 of the National Labor Relations Act.
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