Apple forced workers to sign illegal NDAs, non-competes, social media policies, claims labour board

Apple is facing allegations from the US National Labor Relations Board (NLRB) for imposing unlawful workplace rules, including non-disclosure agreements (NDAs), non-compete clauses, and overly restrictive social media policies.

The complaint, announced earlier this week, accuses Apple of violating federal labour laws by restricting employees’ rights to organise and advocate for better working conditions.

NDAs, non-competes, and social media restrictions
The NLRB’s complaint claims Apple compelled employees across the country to sign confidentiality and non-compete agreements that infringe on their ability to exercise their rights.

These agreements, along with what the NLRB describes as excessively broad policies on misconduct and social media usage, allegedly discouraged employees from discussing critical workplace issues such as pay, hours, and working conditions.

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According to the labour board, this amounts to Apple “interfering with, restraining, and coercing employees” in violation of federal law.

In response, Apple has rejected the claims, asserting that it has always respected its employees’ rights to discuss their wages and working conditions. A company spokesperson reiterated that Apple’s employment policies reflect this commitment, adding that the company “strongly disagrees” with the allegations and plans to present its case at the hearing scheduled for January if a settlement isn’t reached beforehand.

Origin of the complaint
The complaint stems from charges filed in 2021 by a former senior engineering manager at Apple. Gjovik accused the company of maintaining rules that deter employees from speaking openly about important workplace issues, including pay equity and sexual discrimination.

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She has also filed a lawsuit in California, claiming Apple retaliated against her for attempting to organise workers and filing complaints with the NLRB. Although a judge recently dismissed most of her lawsuit, Gjovik has been given the opportunity to amend some of her claims.

This lawsuit is one of many legal challenges that the Cupertino-based tech giant is facing regarding its treatment of employees. At least two additional NLRB cases are pending, one involving the alleged wrongful dismissal of an employee at Apple’s Cupertino headquarters for criticising Apple’s management. In a separate lawsuit, Apple was accused of interfering with an unionisation campaign at one of their retail stores in the country..

Union efforts and broader implications
Apple’s handling of employee relations has been under increasing scrutiny as unionisation efforts grow within the company. The NLRB ruled that a manager at an Apple store in Manhattan had unlawfully interrogated an employee about supporting a unionisation drive.

Since 2022, two Apple stores in the US have successfully unionised, and several others are in the process of organising.

If the NLRB complaint moves forward, Apple could be required to rescind its disputed policies and inform its workforce of their legal rights. However, any ruling by an administrative judge would likely be subject to review and potential appeal, meaning the dispute could drag on for some time.

Nonetheless, this case marks a significant challenge to Apple’s approach to workplace policies and highlights the growing tensions between tech giants and their employees’ rights to organise.