Blurred Lines: Social Media and Confidentiality in Workplace Investigations

Employers may need to tweak their workplace investigation policies in order keep complaints of twerking out of the workplace. Recent decisions and guidance from the National Labor Relations Board (“NLRB”) and the Equal Employment Opportunity Commission (“EEOC”) have spotlighted the need for employers to develop  narrow policies while maintaining flexibility to address workplace-related concerns, including harassment on social media.

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