D.C. Circuit Court of Appeals May Limit the Board’s Standard for Evaluating Employers’ Confidentiality Policies

In Hyundai Am. Shipping v NLRB, No. 11-1351 (Nov. 6, 2015), the D.C. Circuit Court of Appeals recently enforced a Board order with respect to a work rule that prohibited employees from discussing matters under investigation by the employer, but refused to enforce the Board’s order with respect to a provision urging employees to make complaints to their immediate supervisors rather than to fellow employees. The court’s reasoning in Hyundai may benefit all employers seeking to expand the standards for the legality of requiring and suggesting confidentiality in internal investigations that were recently set forth by the Board in Banner Estrella Medical Center, 362 NLRB No. 137 (June 26, 2015).

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