News & Analysis as of

Section 7 Internal Investigations Confidentiality Policies

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

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

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

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

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

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

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

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

Cohen & Gresser LLP

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

Cohen & Gresser LLP on

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

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

Miles & Stockbridge P.C.

Think you can keep your internal investigations confidential? Think again.

Miles & Stockbridge P.C. on

Many employers have rules or policies directing employees who are involved in a workplace investigation to keep their conversations with investigators confidential and to refrain from discussing the matter with colleagues...more

Seyfarth Shaw LLP

D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

Seyfarth Shaw LLP on

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation...more

Franczek P.C.

Is the NLRB Outlawing Confidentiality Policies?

Franczek P.C. on

The National Labor Relations Board (“Board”) recently issued its decision in The Boeing Company case. The Board found that Boeing’s confidentiality policy regarding internal investigations violated the National Labor...more

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