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NLRB advice on confidential investigations has lawyers reading tea leaves

WASHINGTON – The employment bar was roiled last year when the National Labor Relations Board ruled that a company policy requiring employees to keep interviews related to internal investigations confidential violated federal labor law. But since then, the agency has been informally placing limits on that holding by issuing advice memoranda suggesting that companies can make reasonable case-by-case judgments about whether confidentiality is necessary — and attorneys have been eyeing them closely for guidance on how to advise clients.