Is a confidentiality provision in an employment contract enforceable?

Poublon claims that this provision is substantively unconscionable because keeping the arbitration proceedings secret under threat of a sanction order by the arbitrator unfairly favors employers. In making this argument, Poublon relies on our decision in Pokorny v. Quixtar, Inc., which held that a confidentiality requirement in the arbitration agreement is substantively unconscionable when it (1) allows defendants to learn as "repeat player[s]" in the arbitration process, while preventing employees from learning from similar prior cases, or (2) prevents plaintiffs from investigating or engaging in discovery by limiting contact with other employees. 601 F.3d 987, 1001-03 (9th Cir. 2010).³