Yesterday, the Department of Labor issued preliminary guidance concerning the implementation of the Families First Coronavirus Response Act (the “FFCRA”), which was passed just six days ago.  The guidance provides some clarity on a few key issues:

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The holidays arrived early last week for employers and management-side labor attorneys, as the National Labor Relations Board issued a decision approving employer policies that prohibit the discussion of pending workplace investigations. In Apogee Retail LLC d/b/a Unique Thrift Store and Kathy Johnson, Cases 27-CA-191574 and 27-CA-198058, the Board considered two workplace rules: “one requiring employees to ‘maintain confidentiality’ regarding workplace investigations into ‘illegal or unethical behavior’ and the other prohibiting ‘unauthorized discussion’ of investigations or interviews ‘with other team members.’”

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