As you have likely seen by now, on March 18, 2015, the National Labor Relations Board Office of the General Counsel ("GC") issued an extensive memorandum offering guidance on employer rules and handbooks. This memorandum focuses on employees’ rights under Section 8(a)(1) of the National Labor Relations Act (NLRA) which prohibits employers from interfering with employees’ rights to organize and engage in concerted activities for the purpose of mutual aid and protection.

So, what distinguishes lawful and unlawful employer policies? Unfortunately, the answer is not entirely clear. However, employers should consider how their existing rules and handbook policies may be impacted: employers can now expect employees to file a wave of new unfair labor practice charges challenging employers’ existing policies. When crafting your rules and handbook policies, it is critical to keep these changes in mind.