News & Analysis as of

Internal Investigations National Labor Relations Board

Circuit Court Rejects Attack On NLRB’s New Witness Rule

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

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

by 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

Bellagio v. NLRB: the DC Circuit Reins in the NLRB’s Expansive Take on Weingarten Rights, and a Sign of (NLRB) Things to Come

by Hirschfeld Kraemer LLP on

Last week, in the case of Bellagio LLC v. National Labor Relations Board, the Circuit Court for the District of Columbia determined that the Bellagio Hotel and Casino in Las Vegas did not interfere with a bellhop’s...more

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

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

The National Labor Relations Board 2015 Year in Review - An Overview of Major Developments in Labor Law

To mark the 80th birthday of the National Labor Relations Act, the National Labor Relations Board apparently decided to make history in 2015. The Board did just that, issuing several ground breaking decisions, and in the...more

Keep This Between Us—and the Government: Confidentiality of Witness Interviews in Corporate Internal Investigations

by Carlton Fields on

Internal investigations into suspected employee wrongdoing are particularly tricky for in-house counsel, who must protect corporate confidentiality, be mindful of regulatory reporting requirements, and respect labor...more

“Round Up the Usual Suspects” and Violate the NLRA? The Implications of Extending Weingarten Rights to Nonunionized Workplaces

by Wilson Elser on

In a unionized workforce, an employer generally may not proceed with an investigatory interview if the employee under investigation demands representation by a union official. This so-called Weingarten right does not...more

Want to keep your internal investigations confidential? There may yet be hope.

by Miles & Stockbridge P.C. on

In a recent blog post, we discussed the heavy restrictions the National Labor Relations Board (the “NLRB” or the “Board”) has placed on company policies that direct employees who participate in internal investigations to...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

How Not to Fire a Union Organizer

by Foley & Lardner LLP on

The best reminders often come from the most obvious situations. In a case decided by the Eleventh Circuit Court of Appeals on October 13, the employer laid down a clear path to remind employers what not to do. Allied...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

How the NLRB Spent Its Summer — Could Be a Chilly Autumn

by Foley & Lardner LLP on

For those of us in the employment field attempting to recover from the languor of long summer days, it’s time to catch up and ask what the NLRB has been up to during the dog days. The answer – a lot. And so we take this...more

And The Beat Goes On… The NLRB's Attack on Confidentiality Continues

by Fisher Phillips on

Many employers believe they have the absolute right to prohibit their workers from disclosing “confidential” information to coworkers and third parties. They are dead wrong. The National Labor Relations Board (NLRB) has...more

Can I ask an employee to stop talking about a harassment claim at work?

by Kirton McConkie PC on

One of our employees filed a sexual harassment claim with HR. We conducted an investigation but found no evidence to support her claim. The employee continues to discuss the situation with coworkers, and it’s becoming...more

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

Is the NLRB Outlawing Confidentiality Policies?

by Franczek Radelet P.C. on

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

by Fenwick & West LLP on

I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Can I Get A Witness (Or At Least A Witness Statement)? NLRB Rules Witness Statements Are Now Fair Game

by Fisher Phillips on

For over 35 years, the National Labor Relations Board (NLRB) held that witness statements obtained by unionized employers during pre-arbitration investigations were exempt from disclosure to the union. However, on June 26,...more

NLRB Says Employers Cannot Ask Employees Not to Discuss Internal Investigation

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

Disciplinary Investigations of Employees – Three Names to Know

Whenever an employer is considering disciplining an employee for misconduct, three names from 1967, 1975 and 1985 continue to be associated with employer investigations and interrogations, in much the same way that Mr....more

NLRB Gives Employers a Hangover: Longstanding Anheuser-Busch decision overruled

More than 35 years after its decision in Anheuser-Busch, Inc., 237 NLRB 982 (1978), the NLRB has reversed course and held that employers may no longer summarily reject union requests for witness statements obtained in...more

Board Overrules Longstanding Protections Against Disclosure of Witness Statements

by Littler on

Since 1978, the National Labor Relations Board (NLRB) has treated witness statements as exempt from an employer’s general duty to furnish information to unions under Section 8(a)(5) of the National Labor Relations Act (NLRA)....more

NLRB Limits Confidentiality in Workplace Investigations

by 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

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