News & Analysis as of

Employee Handbooks Confidentiality Policies

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +
Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -
Fisher Phillips

"Watch Me Get Fired" Videos Are Going Viral: 7 Tips for Employers to Navigate New Trend

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A scroll through social media will quickly reveal that we’re in a new workplace era where the stigma attached to being fired or laid off is waning and many people are seeking solidarity online. In recent viral posts on...more

Verrill

News of Supreme Court Leak is a Good Reminder to Revisit Confidentiality Policies

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If you have been on social media today (or yesterday) or picked up a newspaper or listened to the radio or watched television—really if you have consumed news in any format, you likely are aware that POLITICO obtained an...more

Jaburg Wilk

What Should You do if You are Being Harassed at Work?

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The first thing employees need to know is that not all harassment and discrimination is unlawful. Arizona is an at-will employment state, which means that an employee can legally be terminated (or harassed) for any reason or...more

Smith Debnam Narron Drake Saintsing & Myers,...

NLRB’s 2020 Vision is More Employer-Friendly

With the beginning of a new decade comes further evidence of the National Labor Relations Board’s resolve to roll back prohibitive rulings issued during the Obama era. On December 16, 2019, the NLRB issued two rulings which...more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

Pierce Atwood LLP

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

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In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...more

Kramer Levin Naftalis & Frankel LLP

The NLRB Permits Employers to Impose Confidentiality Requirements in Ongoing Workplace Investigations

On Dec. 17, 2019, the National Labor Relations Board (NLRB) held that confidentiality mandates during the course of workplace investigations are presumptively lawful. ...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

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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

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

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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

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

Hogan Lovells

NLRB Upholds More Workplace Policies

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Consistent with its intent to relax scrutiny regarding the legality of employment policies (see here and here), the National Labor Relations Board (“NLRB” or “Board”) recently upheld, in LA Specialty Produce Co., two...more

Littler

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

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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

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

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Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Seyfarth Shaw LLP

Guidance On Handbooks, Policies, And Social Media Guidelines – Employers’ Attempts to Protect Themselves Too Much Can Lead to Loss...

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Seyfarth Synopsis: The NLRB orders employer to cease and desist from maintaining numerous provisions in its Social Networking Guideline and provisions in the Handbook related to social media, privacy, and confidentiality, and...more

Seyfarth Shaw LLP

NLRB Sets Aside Election Results Due to Overbroad Work Rules

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In an unpublished decision (Blommer Chocolate Co. of California, LLC, Case No. 32-RC-131048) issued on February 17, the NLRB set aside the results of an election in which the tally of ballots was 18 for and 50 against the...more

Morgan Lewis

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

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The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Zelle  LLP

The California Fair Pay Act

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California’s Fair Pay Act, which takes effect on January 1, 2016, prohibits private employers from paying male and female employees at different wage rates for substantially similar work. This standard is both more stringent...more

McNees Wallace & Nurick LLC

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

Akerman LLP - HR Defense

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

All employers should review their confidentiality policies and agreements to ensure adequate protections for whistleblowers in the wake of recent actions by both the Securities and Exchange Commission (“SEC”) and the National...more

Holland & Knight LLP

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

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For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

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