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The NLRB Approves Confidentiality Rule with Regard to an Ongoing Employer Investigation

MSK Client Alert
April 26, 2021

Can an employer ask employees to keep interviews conducted in the context of a workplace investigation confidential?  Yes, says the NLRB, in a helpful ruling for employers-- that applies to both unionized and non-unionized workplaces.

A majority 2-1 decision by the National Labor Relations Board (the “Board”) held that an employer did not violate federal law after instructing employee witnesses to keep investigative interviews confidential. 

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