Labor judge says Costco's confidentiality agreement for handling employee complaints is unlawful

Core Viewpoint - Costco's internal investigation policies are criticized for being overly broad and potentially infringing on employee rights, particularly regarding confidentiality agreements that employees must sign when raising complaints [1][7]. Group 1: Case Background - The case involves Jessica Georg, who filed a sexual harassment complaint against a co-worker in 2022 using Costco's "Open Door" policy [2]. - Georg was required to sign a confidentiality agreement that prohibited her from discussing the matter with coworkers, which raised concerns about the implications for employee rights [3][6]. Group 2: Legal Arguments - Costco's lawyer argued that confidentiality rules are designed to protect the integrity of investigations and encourage candid employee statements, especially in the retail industry [4]. - The lawyer emphasized that the rules are not meant to deter discussions about wages, working conditions, or union formation [5]. Group 3: NLRB Findings - The NLRB found that the individual Georg complained about had multiple prior complaints against him, and Georg expressed concerns that sharing information could jeopardize her job [6]. - NLRB attorneys suggested that a more tailored confidentiality agreement could protect sensitive information while ensuring workers' rights against harassment [7]. Group 4: Judge's Decision - Judge Gollin proposed that Costco post a notice in the warehouse where the violation occurred, as the NLRB did not conclusively prove that similar confidentiality forms were used across all US locations [8]. - The case will proceed to the NLRB's board, with exceptions to the decision due by June 2 [8].