Can You Have Confidentiality Requirements In Mandatory Arbitration Pacts?

Many companies have mandatory arbitration programs that require employees to bring employment-related legal claims before an arbitrator instead of bringing them in court. When arbitration pacts are in place, most contain confidentiality requirements related to such proceedings. Employers who use these types of programs should be aware that the National Labor Relations Board (NLRB) is taking a fresh look at this issue and may decide to limit companies’ ability to have confidentiality requirements in these agreements.