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The National Labor Relations Act › Confidentiality Policies

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Holland & Hart - Employers' Lawyers

A Reminder for Employers: Review Your Separation Agreements

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Companies routinely use separation agreements with departing employees. Through those agreements, the employee receives some type of separation benefit (typically a payment or severance) in exchange for waiving and releasing...more

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

Spilman Thomas & Battle, PLLC on

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

Brooks Pierce

NLRB Releases Guidance Restricting Confidentiality and Non-Disparagement Provisions in Severance Agreements

Brooks Pierce on

On March 22, 2023, the General Counsel for the National Labor Relations Board (NLRB) issued a memorandum attempting to clarify the NLRB’s recent decision in McLaren Macomb that employers violate the National Labor Relations...more

Foley & Lardner LLP

Time is ‘TikTok’-ing — ‘Being Real’ About Preemptively Addressing Employees’ Confidentiality and Privacy Breaches on Social Media

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The newest and hottest forms of social media — TikTok and BeReal — pose similar risks to an employer’s workplace as did the “old” forms, like Snapchat, Instagram, and Facebook; namely, that employees can unintentionally (or...more

Holland & Hart - Employers' Lawyers

NLRB Changes the Game for Confidentiality Provisions in Severance Agreements

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This week, the National Labor Relations Board (NLRB or “Board”) issued a decision that could significantly shape the terms of severance agreements with departing employees. Under this decision, all employers are prohibited...more

Lowenstein Sandler LLP

NLRB Prohibits Non-Disparagement and Confidentiality Clauses in Most Severance Agreements

Lowenstein Sandler LLP on

Earlier this week, the National Labor Relations Board (NLRB) ruled that language in a severance agreement that restricts an employee’s ability to criticize their employer or to reveal terms of the agreement that the employer...more

Downs Rachlin Martin PLLC

Labor & Employment Law: Vermont and Federal Legislative Update

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Downs Rachlin Martin labor and employment attorneys Amy Resnick and Andrea Wright highlight key Vermont and Federal legislative updates from 2020 that impact HR professionals. They walk through: Vermont minimum wage...more

Jackson Lewis P.C.

Employee Arbitration Agreements Can Include Some Confidentiality Provisions, NLRB Holds

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The National Labor Relations Board (NLRB) has held an employer lawfully included confidentiality language in an arbitration agreement its employees were required to sign as a condition of employment. California Commerce Club,...more

Kramer Levin Naftalis & Frankel LLP

NLRB Allows Employers to Instruct Employees to Keep Internal Investigations Confidential

Kramer Levin Naftalis & Frankel LLP on

Following its December 2019 decision holding that confidentiality mandates during the course of workplace investigations are presumptively lawful, the National Labor Relations Board (NLRB) recently held that employers can...more

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP on

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

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Davis Wright Tremaine LLP

NLRB Reinstates Rule Permitting Confidentiality During Workplace Investigations

Davis Wright Tremaine LLP on

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

Verrill

The Revolving World of Organized Labor and the NLRB

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On Thursday, January 30, members of Verrill’s Labor & Employment Group and Employee Benefits & Executive Compensation Group conducted a full-day seminar on employment law topics to prepare HR professionals, managers, and...more

Cozen O'Connor

Employment Law Now IV-54- A Guest Discussion on 3 Significant Government Decisions

Cozen O'Connor on

Podcast host Michael Schmidt is joined by Dan Johns, a partner in Cozen O'Connor's Labor and Employment Department, to talk about 3 significant NLRB decisions affecting all employers in the areas of (1) employee use of...more

Pullman & Comley - Labor, Employment and...

Silence is Golden in Apogee Retail: The NLRB Affirms Employers’ Right to Require Confidentiality in Workplace Investigations

Pullman & Comley - Labor, Employment and... on

In what can be considered a triumph for common sense, the National Labor Relations Board [“NLRB” or “Board”] recently issued a decision in Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), upholding an...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

Stinson LLP

NLRB Wraps up Blockbuster Year with a Bang

Stinson LLP on

The National Labor Relations Board (NLRB) issued a whirlwind series of rulings to cap off 2019. The NLRB typically issues many decisions near the end of a Board member's term, so this flurry comes as no surprise...more

Vedder Price

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

Vedder Price on

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

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

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