News & Analysis as of

Banner Estrella Medical Center

NLRB Restrictions on Employer Requests of Confidentiality in Workplace Investigations Remain After D.C. Circuit Decision

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Court of Appeals for the D.C. Circuit affirmed in part and rejected in part the National Labor Relations Board’s Banner Estrella decision regarding an employer’s requirement of confidentiality during...more

Think you can keep your internal investigations confidential? Think again.

by Miles & Stockbridge P.C. on

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

by Seyfarth Shaw LLP on

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

Supreme Court Opinion Calls into Question Hundreds of NLRB Rulings

On Thursday, June 26, 2014, the Supreme Court issued its long-awaited Noel Canning decision (NLRB v. Noel Canning, 572 U.S. ____ (2014)), and invalidated President Obama’s January 2012 appointments of three individuals to the...more

General Counsel’s Division of Advice Issues Helpful Guidance on Confidentiality Rules in Workplace Investigations

As we reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the NLRB reviewed an employer’s blanket policy of requiring witnesses to maintain confidentiality during...more

The National Labor Relations Board 2012 Year in Review

Introduction - Wow, 2012 was quite the year for the National Labor Relations Board (“Board”)! Last year, we discussed the Board’s agenda, which at the time we described as aggressive, but with the benefit of...more

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