News & Analysis as of

Confidentiality Agreements Workplace Investigations

Proskauer - Labor Relations Update

NLRB Gives Green Light to Confidentiality Provisions in Individual Arbitration Agreements

In many private arbitration agreements entered into in the non-union context, employers and employees agree that the proceedings shall remain confidential. On June 19, 2020, the Board addressed whether a confidentiality...more

Troutman Pepper

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Proskauer - Whistleblower Defense

NLRB Permits Confidentiality Restrictions During Internal Investigations

As reported in Proskauer’s Labor Relations Update blog, the NLRB issued an important opinion on December 17, 2019 relating to employer rules requiring confidentiality from employees during workplace investigations. Apogee...more

Proskauer - Labor Relations Update

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

Fisher Phillips

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

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

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