News & Analysis as of

Boeing Confidentiality Policies

Davis Wright Tremaine LLP

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

In welcome news to employers, the National Labor Relations Board (NLRB) issued a decision on December 19, 2019, holding that employer rules requiring employee confidentiality during the course of workplace investigations are...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more

McNees Wallace & Nurick LLC

NLRB Brings Some Clarity, Consistency and Sanity to Confidential Investigations

The flurry of activity from National Labor Relations Board in late 2019 was a fairly consistent drum beat of good news for employers.  In many cases, the Board restored decades of precedent that had been upended by the Board...more

Jackson Lewis P.C.

Confidentiality Is Back In Fashion Following Labor Board Decision

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The National Labor Relations Board (NLRB) has held under the National Labor Relations Act (NLRA) that employers may maintain and enforce rules requiring confidentiality for the duration of a workplace investigation. Apogee...more

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

Akerman LLP - HR Defense on

The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

Seyfarth Shaw LLP

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

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Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week.  The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

Epstein Becker & Green on

The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Upholds Legality of Facially-Neutral Rules Requiring Confidentiality During Investigations

Continuing its string of decisions reversing positions taken by the Obama Board, the National Labor Relations Board decided Apogee Retail LLC, No. 27-CA-191574 on December 16, 2019. Apogee Retail applied the approach...more

Littler

Confidentiality Revisited: Board Holds Confidentiality Rules in Workplace Investigations Presumptively Lawful

Littler on

In Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), the National Labor Relations Board continued its recent trend of reversing decisions issued during the prior administration, and returned to employers...more

Hogan Lovells

NLRB Permits Confidentiality Requirements in Ongoing Workplace Investigations

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On December 17, 2019, the National Labor Relations Board (“NLRB”) held that confidentiality mandates during pending workplace investigations are lawful.  This ruling overruled the NLRB’s recent precedent that such mandates...more

Fisher Phillips

NLRB: Employers May Require Confidentiality In Workplace Investigations

Fisher Phillips on

The National Labor Relations Board just ruled that employers may now require confidentiality from employees involved in open workplace investigations. Importantly, Tuesday’s decision in Apogee Retail LLC resolves conflicting...more

Bricker Graydon LLP

NLRB upholds employers’ right to require employee confidentiality regarding ongoing workplace investigations

Bricker Graydon LLP on

On December 17, 2019, the National Labor Relations Board (NLRB) issued an important decision holding that employers do not violate the National Labor Relations Act (NLRA) when they prohibit employees from discussing...more

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

As anticipated, in one of the last decisions before the end of Member McFerran’s term, the NLRB issued another important opinion. Reverting back to precedent that preceded a 2015 decision, the Board, in Apogee Retail LLC...more

Benesch

NLRB Continues Employer-Friendly Shift; Employers Can Prohibit Discussion of Workplace Investigations

Benesch on

Adding to its recent spate of employer-friendly moves, the National Labor Relations Board (the “Board”) issued a precedent-shifting decision on December 17, 2019. Apogee Retail LLC, 368 NLRB No. 144 (2019). The 3-1 decision,...more

Jackson Lewis P.C.

NLRB: Investigation Confidentiality Rules Are Lawful

Jackson Lewis P.C. on

Overruling Banner Estrella Medical Center, 362 NLRB 1108 (2015), the National Labor Relations Board (NLRB) has held that investigative confi­dentiality rules are lawful Category 1 rules under The Boeing Company, 365 NLRB No....more

Genova Burns LLC

Legality of Workplace Rules Clarified by National Labor Relations Board

Genova Burns LLC on

On October 10, 2019, the National Labor Relations Board (“Board”) took a welcomed step in clarifying the confusion created by the Obama Board’s decisions on workplace rules and employee handbooks. In LA Specialty Produce...more

Littler

The NLRB Expands the Use of Confidentiality Rules in The Boeing Co.

Littler on

As most employers are aware, the National Labor Relations Board’s decision in The Boeing Co., 365 NLRB No. 154 (2017), established a new standard that significantly broadens the scope of rules, policies, and handbook...more

Seyfarth Shaw LLP

Not All Work Rules Fly Under Boeing

Seyfarth Shaw LLP on

Seyfarth Synopsis: Administrative Law Judge finds confidentiality work rule unlawful under new standard set forth in The Boeing Company, 365 NLRB No. 154 (2017) (“Boeing”). ...more

Foley & Lardner LLP

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

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

Franczek P.C.

Is the NLRB Outlawing Confidentiality Policies?

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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

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