News & Analysis as of

Confidential Information Internal Investigations National Labor Relations Board

Dentons

Can I Tell my Employee to Please Shut Up?

Dentons on

Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid...more

Zuckerman Spaeder LLP

National Labor Relations Board Gives Employers More Flexibility to Keep Ongoing Investigations Confidential

Zuckerman Spaeder LLP on

Under the National Labor Relations Act (NLRA), employees have a right of collective action, and employers are prohibited from interfering with that right. But these provisions can conflict with an employer’s desire and...more

Akerman LLP - HR Defense

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

Employers should be careful about designating Employee Handbooks confidential as, according to the National Labor Relations Board’s advice division, that would be unlawful. That advice was contained in one of five memoranda...more

Fisher Phillips

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

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

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

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

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

Baker Donelson

NLRB Takes Aim at Non-Union Employers

Baker Donelson on

The National Labor Relations Board (NLRB) recently handed down a series of decisions that challenged the fundamental tenet of the employee-employer relationship: at-will employment. This new affront came on the heels of a...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2012 Year in Review

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

Nossaman LLP

Did You Know…Blanket Confidentiality Requirements Regarding Employment-Related Investigations Violate Section 7 of the NLRA

Nossaman LLP on

As part of its current campaign to take more aggressive positions regarding policies applicable to nonunion workers, the National Labor Relations Board recently ruled that a human resources consultant’s routine practice of...more

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