DC Circuit Does Not Endorse NLRB's Analysis of Confidentiality Instructions During Workplace Investigations | Practical Law
In Hyundai America Shipping Agency, Inc. v. NLRB, the US Court of Appeals for the District of Columbia Circuit enforced in part the National Labor Relations Board's (NLRB) decision finding that five employment handbook rules violated the National Labor Relations Act (NLRA). One of the rules required employees to keep confidential matters that the human resources department was investigating. The court declined to endorse the NLRB's analysis of investigative confidentiality and its conclusions on two other handbook rules.