The National Labor Relations Board has recently been aggressively intruding into nonunion workplaces, striking down overly broad social media policies, at-will employment policies, mandatory arbitration policies, as well as confidentiality policies, as violating employee's Section 7 rights. This article discusses the NLRB's regulation of employer's confidentiality policies during investigations in Banner Health Systems and in an Advice Memo, Verso Paper, as well as its limitations of confidentiality polices in employee handbooks in American Red Cross.
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