More Talk for the Water Cooler – NLRB Judge Finds Employer’s “No Gossip Policy” Unlawful

Water cooler talk, i.e. office gossip, has been a seemingly timeless thorn in many employers’ sides, particularly because of the decrease in worker productivity that such gossip can cause. As such, some employers–with Section 7 rights being the furthest thing from their mind–have tried to limit such non-productive time by adopting policies aimed at curbing such behavior. Expanding on the recent line of cases that have challenged various employee handbook policies (e.g. confidentiality, social media), an NLRB Administrative Law Judge recently held that a for-profit technical school’s “No Gossip Policy” violated the NLRA. The ALJ also held that an employee’s termination under the policy violated the Act.

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