National Labor Relations Board › Confidential Employer Investigations

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.

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News & Analysis as of May 23, 2013

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

by Andrew Herman, Brian D. Pedrow | Ballard Spahr LLP on 5/8/2013

The National Labor Relations Board (NLRB) has kept its focus on workplace policies it views as overly broad with a recent decision striking down a national retailer's policy prohibiting solicitation and distribution of...more

Did You Know…Additional Guidance Released By NLRB On Confidentiality And Employee-Related Investigations

by Veronica Gray | Nossaman LLP on 5/2/2013

As we reported in August 27, 2012, in Banner Health System* the National Labor Relations Board (NLRB) ruled that an employer violates Section 7 of the National Labor Relations Act (NLRA) when it maintains a blanket policy...more

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

by Jon Bierman, Andrew Cripe, Jay Dade, Sean Gallagher, Christopher Mason, William Robbins | Polsinelli on 5/2/2013

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

Employment Law Advisory for May 1, 2013: NLRB Division of Advice Issues Guidance on When Employer May Demand Confidentiality in an...

by Hopkins & Carley on 5/2/2013

Internal investigations of possible employee misconduct or other employment-related issues are not uncommon. Most employers who conduct such internal investigations routinely request that the complainant, the target of the...more

NLRB Division Of Advice Provides Guidance To Employers On Workplace Investigation Policies

by Christopher A. Johlie | Franczek Radelet P.C. on 4/30/2013

In Banner Health Systems, the National Labor Relations Board ruled that an employer violates Section 7 of the National Labor Relations Act when it maintains a blanket policy that prohibits employees from discussing workplace...more

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

by Ronald Meisburg | Proskauer - Labor Relations on 4/24/2013

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

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

by Connie Bertram | Proskauer - Government Contractor Compliance... on 4/23/2013

As Proskauer previously reported here, in Banner Health System d/b/a Banner Estrella Medical Center, 358 NLRB No. 93 (July 30, 2012), the National Labor Relations Board (“NLRB”) reviewed an employer’s blanket policy of...more

Scripts - April 2013

by Kenneth L. Burgess, Kevin M. Ceglowski, Elizabeth Johnson, Jennifer G. Parser | Poyner Spruill LLP on 4/8/2013

In This Issue: - Key Provisions In the Final Omnibus HIPAA/HITECH Rules and What They Mean for You - NLRB and EEOC May Target Employer Efforts to Keep Employees Quiet During Internal Investigations -...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

NLRB Overturned Numerous Precedents, Imposed Significant Burdens on Unionized Employers in 2012

by Todd D. Steenson | Holland & Knight LLP on 1/16/2013

In addition to the significant actions taken by the National Labor Relations Board (NLRB or Board) in 2012 that affect all employers, the NLRB late last year issued several important decisions that affect unionized employers...more

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

by Alexandra Bak-Boychuk, Brian D. Pedrow | Ballard Spahr LLP on 1/11/2013

The National Labor Relations Board (NLRB) recently overruled its longstanding precedent that categorically protected confidential witness statements taken during internal disciplinary investigations from disclosure to a...more

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

by JD Supra Law News on 1/10/2013

Watch our latest Corporate Law Report for a round of executive speed dating, law firm style. Included in the mix: FICA tax changes in 2013; veganism as a religion (and what that means for the workplace); overtime hours;...more

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

by Bora Rawcliffe | Sheppard Mullin Richter & Hampton LLP on 11/27/2012

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

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

by Lane Powell PC - Labor & Employment Law on 11/19/2012

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

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National Labor Relations Board › Confidential Employer Investigations

NLRB Continues to Take Aim at Workplace Policies as Overly Broad

Did You Know…Additional Guidance Released By NLRB On Confidentiality And Employee-Related Investigations

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

Employment Law Advisory for May 1, 2013: NLRB Division of Advice Issues Guidance on When Employer May Demand Confidentiality in an...

NLRB Division Of Advice Provides Guidance To Employers On Workplace Investigation Policies

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

NLRB’s General Counsel’s Division of Advice Issues Helpful Guidance on Banner Health Ban on Blanket Confidentiality Rules in...

Scripts - April 2013

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

NLRB Overturned Numerous Precedents, Imposed Significant Burdens on Unionized Employers in 2012

Recent NRLB Decision Continues To Erode Confidentiality Protection for Workplace Investigations

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

NLRB Ruling Condemns Blanket Confidentiality Policies During Internal Investigations

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

NLRB Decision Regarding Confidentiality of Employer Investigations

Healthcare Update - November 2012, No. 4

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

Recent NLRB Positions Challenge Employer Conventional Wisdom

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

NLRB Continues to Challenge Restrictions by Employers on Employee Communications

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

NLRB Rules on Prohibiting Discussion of Internal Investigations

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

Labor Letter - September 2012

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

Corporate Law Report: Economic Espionage Act, Top FCPA Enforcement Actions, Trademark Audits, and More [Video]

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