Statement from Solicitor of Labor Seema Nanda on amicus brief filed with National Labor Relations Board
WASHINGTON – Solicitor of Labor Seema Nanda today issued a statement on the Department of Labor’s filing of an amicus in a case now before the National Labor Relations Board. The brief argues the validity of a confidentiality provision in a mandatory arbitration agreement imposed on employees by Ralph’s Grocery Company.
“Confidentiality agreements pose a direct threat to effective enforcement of the country’s worker protection laws.
“While confidentiality agreements do not bar workers from reporting potential violations to the Department of Labor or other labor enforcement agencies, such agreements discourage workers from talking to their coworkers about their experiences, from taking collective action, from bringing future complaints, and even from cooperating with department investigations.
“The Solicitor’s office filed its brief to inform the National Labor Relations Board of the harm that confidentiality provisions in arbitration agreements pose for effective enforcement of worker protection laws under the department’s jurisdiction, particularly under our complaint-based system of workplace law enforcement.”