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National Labor Relations Board › Confidentiality Policies › Confidential Information

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... 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.    less -
Husch Blackwell LLP

Confidentiality And No-Participation Provisions In Voluntary Severance Agreements Lawful

Husch Blackwell LLP on

On March 16, 2020, the Board issued its decision in Baylor University Medical Center and Dora S. Camacho reversing the 2018 ALJ decision and holding that Confidentiality and No Participation in Third-Party Claim provisions in...more

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

Vedder Price

NLRB Okays Confidentiality Rules During Ongoing Investigations and Restrictions of Personal Use of Work Email

Vedder Price on

In a flurry of year-end activity before losing its lone Democratic member, the National Labor Relations Board (the “Board”) recently issued two decisions that allow employers to maintain greater confidentiality protections...more

Kramer Levin Naftalis & Frankel LLP

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

Kramer Levin Naftalis & Frankel LLP on

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

Hogan Lovells on

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

Ballard Spahr LLP

NLRB Trend of Employer-Friendly Decisions Continues: Investigative Confidentiality Rules and Use of Employer Emails

Ballard Spahr LLP on

On the same day as the departure of the lone Democratic Board member, the National Labor Relations Board (NLRB) this week continued its trend of issuing employer-friendly decisions that reverse Obama-era Board precedent. In...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

Proskauer - Labor Relations Update on

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

Akerman LLP - HR Defense

Expanded Whistleblower Protections Impact Confidentiality Policies and Agreements

Akerman LLP - HR Defense on

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

McNees Wallace & Nurick LLC

NLRB Upholds Discharge for Deliberate Betrayal, Despite Reliance on Unlawful Policy

McNees Wallace & Nurick LLC on

The National Labor Relations Board recently issued a somewhat surprising decision that provides useful guidance to employers facing employee misconduct. In Flex Frac Logistics, LLC, the Board found that an employee's...more

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