Confidentiality Policy

An employee handbook that includes a broad confidentiality policy or restricts reasonable employee speech violates both state and federal law. California law prohibits employers from publishing or enforcing policies that limit the employee’s right to discuss wages and working conditions.¹

The National Labor Relations Board (NLRB) has rejected overly broad polices if the employee could reasonably interpret that the policy restricts the discussion of wages and other terms and conditions of employment with fellow employees. The NLRB may interpret such policies as violating employees’ rights under section 7 of the National Labor Relations Act to