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Workplace Investigations › The National Labor Relations Act › Employee Handbooks

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Smith Debnam Narron Drake Saintsing & Myers,...

NLRB’s 2020 Vision is More Employer-Friendly

Smith Debnam Narron Drake Saintsing & Myers,... on

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

Shook, Hardy & Bacon L.L.P. on

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

Pierce Atwood LLP on

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

Troutman Pepper Locke

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper Locke on

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Harris Beach Murtha PLLC

NLRB Approves of Employer Policies Requiring Confidential Workplace Investigations

Harris Beach Murtha PLLC on

The holidays arrived early last week for employers and management-side labor attorneys, as the National Labor Relations Board issued a decision approving employer policies that prohibit the discussion of pending workplace...more

Herbert Smith Freehills Kramer

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

Herbert Smith Freehills Kramer 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

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

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

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

Holland & Knight LLP

D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

Holland & Knight LLP on

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more

Jaburg Wilk

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Jaburg Wilk on

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

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