This article seeks to provide a comprehensive account of doctrinal issues related to the use of pay secrecy/confidentiality rules (“PSC rules”) under the NLRA. In Part II, we describe what pay secrecy/confidentiality is and discuss recent survey evidence of their presence in workplaces across the United States. In Part III, we describe the current legal framework under which PSC rules are evaluated under the NLRA, while in Parts IV and V, we explore various doctrinal issues related to these rules in more detail. This leads us to Part VI, where we ponder the future of PSC rules under the NLRA given current trends in the American workplace, and Part VII, where we discuss alternative recent legislative proposals in this area. Part VIII summarizes and concludes our work.
Rafael Gely & Leonard Bierman, Pay Secrecy/confidentiality Rules and the National Labor Relations Act, 6 U. Pa. J. Lab. & Emp. L. 121 (2003)