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Labor/Employment

Jan. 27, 2020

New NLRB confidentiality ruling is a good start, but not enough

Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that participants in those investigations maintain confidentiality regarding the information they learn or divulge during the investigation are common, yet employer rules requiring employees maintain confidentiality regarding workplace investigations can put employers at risk of being found in violation of the National Labor Relations Act.

James J. McDonald Jr.

Regional Managing Partner, Irvine
Fisher & Phillips LLP

Phone: (949) 851-2424

Email: jmcdonald@laborlawyers.com

James is author of "California Employment Law: An Employer's Guide."

Alix Rozolis

Associate
Fisher & Phillips LLP

Email: arozolis@fisherphillips.com

Workplace investigations are a fact of life for employers everywhere, but especially in California. Requirements that participants in those investigations maintain confidentiality regarding the information they learn or divulge during the investigation are common, yet employer rules requiring employees maintain confidentiality regarding workplace investigations can put employers at risk of being found in violation of the National Labor Relations Act.

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