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Confidentiality Agreements › National Labor Relations Board › Internal Investigations

Proskauer - Whistleblower Defense

NLRB Permits Confidentiality Restrictions During Internal Investigations

Proskauer - Whistleblower Defense on

As reported in Proskauer’s Labor Relations Update blog, the NLRB issued an important opinion on December 17, 2019 relating to employer rules requiring confidentiality from employees during workplace investigations. Apogee...more

Proskauer - Labor Relations Update

Circuit Court Rejects Attack On NLRB’s New Witness Rule

Proskauer - Labor Relations Update on

During the last several years, the NLRB has overturned a great deal of existing precedent. Among other changes, the Board has required bargaining over discipline in newly organized units, found graduate students to be...more

Fisher Phillips

Disclosure Danger: Employers Still Stuck With NLRB’s Witness Statement Disclosure Standard

Fisher Phillips on

The U.S. Court of Appeals for the District of Columbia rejected the chance yesterday to revive long-held precedent which for many years had protected employer witness statements from disclosure to unions before an arbitration...more

Mintz - Employment Viewpoints

March Vastness: Blanket Policies on Employee Salary and Discipline Disclosures Unlawful Says D.C. Circuit Court

Mintz - Employment Viewpoints on

This past week, the D.C. Circuit Court of Appeals issued an important decision addressing two on-the-bubble workplace confidentiality policies – one which made the cut, while the other one made its way over to the legal...more

Baker Donelson

Can You Keep a Secret? The SEC Says to Ask Carefully

Baker Donelson on

Employers have a lot to be worried about. Employees are given access to trade secrets, customer lists, financial accounts, and other highly sensitive, confidential information. Most employers attempt to deter improper use of...more

Winstead PC

The SEC Joins the NLRB and EEOC in the Assault on Employee Confidentiality Agreements and Policies in Workplace Investigations

Winstead PC on

On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced its first settlement of a whistleblower enforcement action against a company for using confidentiality agreements to stifle the...more

Seyfarth Shaw LLP

SEC Cracks Down on Agreement Requiring In-House Reporting of Fraud Complaint

Seyfarth Shaw LLP on

The Securities and Exchange Commission (SEC) announced today that it had made good on its prior promises to take a hard look at employment agreements and policies that could be viewed as attempting to keep securities fraud...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Balancing Protection of Information With Employee Rights in Confidentiality Policies"

Skadden, Arps, Slate, Meagher & Flom LLP on

The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

McNees Wallace & Nurick LLC on

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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