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National Labor Relations Board › Section 7 › Confidentiality Policies

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 -
Spilman Thomas & Battle, PLLC

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements

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In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work memories are separated from work memories. Outside of work, these Lumon Industries employees cannot discuss...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

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Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Sheppard Mullin Richter & Hampton LLP

Keep a Lid on It – The Trump NLRB Reaffirms Employer Ability to Enforce Investigative Confidentiality Rules

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In Apogee Retail, 368 NLRB No. 144 (2019), the NLRB overruled the Obama Board’s decision in Banner Estrella Medical Center, 362 NLRB 1108 (2015) and held that investigative confidentiality rules that by their terms apply only...more

Proskauer - Labor Relations Update

NLRB Reaffirms Limitations on Employers’ Ability to Solicit Employee Assistance in Anti-Union Campaigning and Confidentiality...

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In maintaining business as usual as best it can amidst the ongoing COVID-19 crisis, the Board recently decided an issue concerning limitations on employer campaign tactics, and an employer’s limits in restricting discussions...more

Stoel Rives - World of Employment

A Return to Common Sense in Federal Labor Law

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Through a series of decisions issued in late 2019, the National Labor Relations Board (“NLRB” or “Board”) has signaled a return to common sense in its approach to the rules governing labor relations. Here are a few of the...more

Davis Wright Tremaine LLP

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

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In welcome news to employers, the National Labor Relations Board (NLRB) issued a decision on December 19, 2019, holding that employer rules requiring employee confidentiality during the course of workplace investigations are...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

Smith Debnam Narron Drake Saintsing & Myers,...

NLRB’s 2020 Vision is More Employer-Friendly

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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

Vedder Price

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

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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

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

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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

Dechert LLP

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

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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

McNees Wallace & Nurick LLC

NLRB Brings Some Clarity, Consistency and Sanity to Confidential Investigations

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The flurry of activity from National Labor Relations Board in late 2019 was a fairly consistent drum beat of good news for employers.  In many cases, the Board restored decades of precedent that had been upended by the Board...more

Constangy, Brooks, Smith & Prophete, LLP

The NLRB’s December Flurry – More Return To Reason For Year End

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In a flurry of decisions issued this month, the Republican majority on the National Labor Relations Board overruled several Obama-era decisions. The decisions concern employer rules for confidentiality in investigations,...more

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

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The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

Seyfarth Shaw LLP

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

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Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week.  The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

Epstein Becker & Green

NLRB Reverses Position on Confidentiality Concerning Workplace Investigations – Holds That Confidentiality Requirements Are...

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The National Labor Relations Board, in its December 17th decision in Apogee Retail LLC d/b/a Unique Thrift Store, has reversed its prior rule and held that employer requirements that employees treat workplace investigations...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

Kramer Levin Naftalis & Frankel LLP

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

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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

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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

Ballard Spahr LLP

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

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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

Proskauer - Labor Relations Update

Busy Board Returns to Rule Permitting Workplace Confidentiality Restrictions during an Employer’s Investigation

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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

Genova Burns LLC

Legality of Workplace Rules Clarified by National Labor Relations Board

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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

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