By Nelson Cary and Lauren Sanders on Posted in Employee DisciplineHard to believe these days, but non-Covid-19-related developments do still pop up from time-to-time. Last week, the NLRB gave us one on an issue the employer community has closely watched: whether an employer can instruct employees to keep an open internal investigation confidential. The NLRB answered with a clear “yes” in Securitas Security Services USA.… Continue Reading
By Nelson Cary and Lauren Sanders on Posted in Employee Handbooks,NLRBAs many employers know, confidentiality can be essential to performing workplace investigations. Last month, in Apogee Retail, LLC, a 3-1 decision, the NLRB agreed. Applying the test for facially neutral rules established in The Boeing Company, 365 N.L.R.B. No. 154 (2017) (discussed here), the NLRB held that workplace rules that require employees to keep pending… Continue Reading
By Nelson Cary on Posted in NLRBBy Nelson Cary and Natalie McLaughlin Last year, the NLRB issued a controversial decision in Banner Health System, 358 N.L.R.B. No. 93 (2012), finding that an employer violated the NLRA by prohibiting employees from discussing ongoing investigations of employee misconduct. The NLRB found that “[t]o justify a prohibition on an employee discussion of on-going investigations,… Continue Reading
By Nelson Cary on Posted in NLRBAn employee complains to human resources about misconduct by another employee. Human resources begins an investigation to determine whether the complaint is true. During its investigation, it requests that employees it interviews keep the matter confidential. Unlawful? Potentially so, according to the NLRB majority in Banner Health System, 358 N.L.R.B. No. 93 (2012), a decision released yesterday. … Continue Reading
