NLRB Confidentiality Ruling May Hamper HR Investigations

This article examines a recent National Labor Relations Board decision finding the common practice of maintaining a blanket policy that prohibits employees from discussing ongoing investigations into employee misconduct. Littler attorney John Skonberg provides commentary on the development, stating, "The NLRB is saying that employers can keep investigations confidential in some circumstances, but they require a showing up front as to the need for confidentiality, and an employer can't always know up front that there will be a need. That's the problem—it is a bit of an unrealistic standard."

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