“Do not discuss” discussion not to be discussed

I can’t believe it either, but the National Labor Relations Board (NLRB) has taken umbrage at yet another commonly held employment practice: “Do not discuss” warnings associated with business investigations. The NLRB has determined this sort of privacy provision, meant to protect the integrity of the investigation, to be a violation of an employee’s protected activity rights (in this case, the fight isn’t for the right to party, but to discuss). For tips on what employers should do in light of this most recent NLRB declaration, click here to read the breakdown of the case by our partners at Reed Smith.


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