UPDATE: Can You Require Employees To Keep Harassment And Other Workplace Investigations “Confidential”?

For several years, employers operated in an area of uncertainty with respect to whether they could require employees to keep a workplace investigation confidential while it was ongoing. This was due to the fact the National Labor Relations Board (NLRB) took the position that employers who mandated such a requirement violated labor law. Thankfully, the NLRB backed off this position at the end of last year, and a newly released advice memo from the agency shows that the reversal had been in the works for some time.