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National Labor Relations Board › Internal Investigations

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 -
Jackson Lewis P.C.

Forensic Review During Investigations: Have You Considered The NLRA?

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NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”)...more

Foley & Lardner LLP

NLRB Upholds Interview Disclosure Requirements Established in 1964 “Johnnie’s Poultry” Decision

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As we updated our readers last week, the National Labor Relations Board (NLRB or the “Board”) ended 2022 with a series of decisions that will impact employers going into 2023 and beyond. Among those decisions was strong...more

Miles & Stockbridge P.C.

NLRB Tackles Employee Interrogations, Property Rights and More in December

Miles & Stockbridge P.C. on

The National Labor Relations Board issued a flurry of employee-friendly decisions last week, continuing its move away from the more employer-friendly rulings by the Trump Board and, in many cases, returning to or reaffirming,...more

CDF Labor Law LLP

[Webinar] Employment Law Compliance Strategies for Healthcare Industry: COVID, Internal Investigations, Wage & Hour & More -...

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CDF Labor Law has designed a series of complimentary webinars on employment-related topics specifically designed for our friends and colleagues in the healthcare industry. CDF’s Healthcare Education Week will run October 4-8,...more

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

Beltway Buzz - April 2021

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Administration Debuts Infrastructure Package. Just weeks after enacting the $1.9 trillion American Rescue Plan Act, the Biden administration this week unveiled the American Jobs Plan - its $2.3 trillion infrastructure...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

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Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Proskauer - Labor Relations Update

NLRB GC Issues Guidance Memo Laying Out Changes to Evidence Collection in Unfair Labor Practice Investigations

Proskauer - Labor Relations Update on

NLRB General Counsel Peter Robb issued a Memorandum on June 17th setting forth new guidelines for how Regions conduct unfair labor practice investigations—specifically, how Regions secure the testimony of former supervisors...more

Kramer Levin Naftalis & Frankel LLP

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Kramer Levin Naftalis & Frankel LLP on

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

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This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Dentons

Can I Tell my Employee to Please Shut Up?

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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

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

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

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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

Genova Burns LLC

New Jersey Employers – The NLRB Loosens Restrictions On Confidentiality Instructions For Investigations

Genova Burns LLC on

On December 16, 2019, the National Labor Relations Board (NLRB) issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, upholding an employer’s confidentiality instructions to employees involved in...more

Parker Poe Adams & Bernstein LLP

National Labor Relations Board Reverses Two Key Obama-Era Precedents

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Last month, the National Labor Relations Board continued its recent pattern of reversing controversial pro-employee decisions made when Democrats held a majority of board seats. These cases affect employer rules governing...more

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

Dechert LLP on

In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...more

Bond Schoeneck & King PLLC

New Ruling Allows Employers to Mandate Confidentiality of Internal Investigations

Bond Schoeneck & King PLLC on

On December 19, 2019, the National Labor Relations Board (the Board) held that employers can require employees to keep internal investigations confidential during the pendency of the investigations. This decision, Apogee...more

White and Williams LLP

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

Zuckerman Spaeder LLP

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

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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

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

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

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

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

Foley Hoag LLP

NLRB Loosens Two Restrictions on Work Rules

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With its sole Democratic member’s term expiring as of December 16, 2019, the National Labor Relations Board issued a flurry of decisions this week in advance of her departure, including two decisions rolling back Obama-era...more

Proskauer - Whistleblower Defense

NLRB Permits Confidentiality Restrictions During Internal Investigations

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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

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

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Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Cohen & Gresser LLP

Can Employers get a Grip on Griping? Not all Gripes are Created Equal…

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Negative employee attitudes, chronic complaining, insubordination and gossiping are bad for the workplace.  They can impact employee morale and productivity, and if spread outside of the organization, reflect very poorly on...more

Littler

Seventh Circuit Affirms NLRB in Upholding Discharge of Fast and Furious Employee for Highway Misconduct

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In Local 702, International Brotherhood of Electrical Workers, AFL-CIO v. National Labor Relations Board and Consolidated Communications, the U.S. Court of Appeals for the Seventh Circuit recently upheld the termination of a...more

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