December 18, 2019 / 4:07 AM / a month ago

NLRB says employers can require confidentiality during workplace investigations

By Daniel Wiessner The National Labor Relations Board in a decision released on Tuesday said employer rules that require employees to maintain confidentiality during the course of workplace investigations are legal, overruling Obama-era precedent that required case-by-case analysis of whether such rules were justified.

The board in a 3-1 decision involving thrift store chain Apogee Retail LLC said confidentiality rules are categorically valid when they apply only until an investigation is closed. Employers who permanently bar workers from discussing investigations must prove such a rule is justified, the board said.

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