NLRB Confidentiality Ruling: What Employers Should Do Now

Law360, New York (August 29, 2012, 2:55 PM EDT) -- Employers routinely conduct investigations of workplace misconduct or other incidents. When doing so, many will direct employee witnesses or complainants not to discuss the investigation with other employees. There are a number of legitimate reasons for this, all aimed at protecting the integrity of the investigation and facilitating the search for the truth, among other things. A recent decision of the National Labor Relations Board, extending prior NLRB precedent, has criticized this routine and best practice direction by investigators.

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