NLRB's Ralphs Grocery decision redraws limits on arbitration confidentiality, Morgan Lewis attorneys say
Key points
- The NLRB's Ralphs Grocery decision adds to board precedent on arbitration confidentiality limits
- Morgan Lewis attorneys say the decision offers guidance on enforceability of confidentiality and discovery terms
- The board continues to explore the boundaries set in Epic Systems Corp. v. Lewis
Morgan Lewis attorneys say the NLRB's recent Ralphs Grocery decision adds to board precedent on how employers can maximize the enforceability of confidentiality restrictions and discovery procedures in arbitration agreements. The board continues to explore the boundaries set by the Supreme Court in Epic Systems Corp. v. Lewis. This is not legal advice.
What employers should do
- Review confidentiality and discovery terms in arbitration agreements against NLRB precedent
- Work with counsel to assess the enforceability of existing arbitration agreements
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- Employers using arbitration agreements
- Official source
- View official source ↗
Original report: Law360 ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.