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Internal Investigations › Confidential Employer Investigations › The National Labor Relations Act

Parker Poe Adams & Bernstein LLP

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

Parker Poe Adams & Bernstein LLP on

When conducting an internal investigation involving possible disciplinary violations, employers often ask participants in the investigation to maintain its confidentiality pending completion. Last month, the National Labor...more

Morgan Lewis

NLRB Limits Confidentiality in Workplace Investigations

Morgan Lewis on

In two decisions issued on June 26, the National Labor Relations Board overruled its longstanding precedent holding that employers may withhold witness statements from requesting unions and further held that general policies...more

Polsinelli

Further Guidance: NLRB General Counsel's Office Weighs In On Confidentiality During Workplace Investigations

Polsinelli on

Recently, the National Labor Relations Board's (NLRB) General Counsel Division of Advice ("Division of Advice") released a memorandum offering guidance to an NLRB Regional Director concerning employers requiring...more

Sheppard Mullin Richter & Hampton LLP

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

Sheppard Mullin Richter & Hampton LLP on

In Banner Health System d/b/a Banner Estrella Medical Center, 358 N.L.R.B. No. 93 (2012), the National Labor Relations Board (NLRB) held that an employer’s maintenance and application of a general confidentiality rule...more

Poyner Spruill LLP

NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations

Poyner Spruill LLP on

A recent decision from the National Labor Relations Board (NLRB) and comments from an Equal Employment Opportunity Commission (EEOC) attorney reveal a risk in prohibiting employees from discussing ongoing internal...more

Bracewell LLP

Employer's Routine Requests to Employees to Keep Internal Investigation Matters Confidential Found Unlawful by NLRB

Bracewell LLP on

On July 30, 2012, the National Labor Relations Board (NLRB) ruled that a non-union employer’s practice of routinely advising its employees not to discuss ongoing internal investigation matters with their coworkers violated...more

Cole Schotz

Silence is Not Golden - Employers Should Rethink Policies that Silence Employees During Internal Investigations

Cole Schotz on

In light of a recent U.S. Equal Employment Opportunity Commission (“EEOC”) communication, employers should review their internal investigation policies to ensure that they do not completely silence employees. In an August 3,...more

Littler

Mum's Not Necessarily the Word: NLRB Complicates Employers' Internal Investigations

Littler on

In a ruling that affects both union and non-union employers, the National Labor Relations Board held that an employer must establish a specific legitimate business justification for requiring employees to maintain...more

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