NLRB Judge Flags Broad Confidentiality Policy As Unlawful Under Current Labor Law Standard

March 17, 2026

What's New

In a March 10, 2026, decision, a National Labor Relations Board (NLRB) Administrative Law Judge ruled that Honeywell International violated federal labor law by requiring employees to sign an overly broad confidentiality agreement as a condition of employment.

Applying the Board’s Stericycle standard, the judge found that the policy could reasonably discourage employees from discussing workplace issues—such as pay, benefits, or coworker information—even though the policy did not explicitly prohibit those discussions. The decision reflects the NLRB’s current approach of evaluating workplace policies from the perspective of an average employee, rather than focusing on employer intent.

What It Means

Federal labor law protects employees’ ability to talk with one another, and with third parties, about workplace conditions. These protections apply broadly, including in non-union workplaces. Under Stericycle, if a policy could reasonably be read to deter those conversations, it is presumed unlawful unless the employer can show the rule is narrowly tailored to serve a strong business need.

The Honeywell decision is not final and may be reviewed by the full NLRB. Because Stericycle replaced a more employer-friendly standard, the case could become part of a broader effort by the Board to revisit how strictly workplace policies are evaluated.

What You Should Do

Employers should review confidentiality and other employment policies with an eye toward labor law compliance, not just trade secret or privacy concerns. Even if future NLRB decisions adopt a more permissive approach, employers that proactively account for labor law risk will be better positioned than those that do not.

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