During the investigation of a workplace complaint, many employers have a blanket policy that all employee witnesses maintain strict confidentiality regarding the ongoing investigation and underlying allegations.  This type of confidentiality policy may seem like common sense, but in fact it can be a common mistake.  Earlier this year, the National Labor Relations Board (NLRB) issued an Advice Memorandum cautioning that such blanket policies chill protected speech under Section 7 of the National Labor Relations Act.


Now that the Supreme Court has found the Defense of Marriage Act (DOMA) unconstitutional, employers must immediately contact their benefits’ brokers (if any) and labor/employment attorneys to craft a plan to ensure compliance going forward. 


Welcome to the Underberg & Kessler Labor and Employment Law Blog.  Our team of labor and employment attorneys -- Paul Keneally, Beth Cordello, and Jennifer Shoemaker, along with occasional guest appearances from others in the firm -- will provide you with timely, practical advice in these constantly evolving fields of law.  We hope you enjoy and learn from the posts, and we encourage you to contact us with suggestions.