The developing law on employer confidentiality policies underscores the tension between an employer's ever-increasing need to protect confidential information and an employee's established right to discuss terms and...more
It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s...more
On October 31, 2012, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued two advice memoranda addressing at-will provisions in employee handbooks. In both cases, the NLRB concluded that the...more
At-will employment clauses in two employee handbooks did not violate employees’ rights under the National Labor Relations Act, according to advice memoranda issued last week by the National Labor Relations Board’s Acting...more
On Halloween, Lafe Solomon, Acting General Counsel for the National Labor Relations Board, issued two Advice Memoranda addressing whether employment-at-will statements in two employee handbooks violated Section 7 of the...more
The Board’s excruciatingly close scrutiny of employer policies continues as the agency looks for opportunities to expand its juridiction by rooting out all evil lurking in handbooks and other written employment policies....more
Advice memoranda describe limits of potential challenges to at-will employment policies under the NLRA. On October 31, the National Labor Relations Board's (NLRB's or Board's) Division of Advice issued two memoranda...more
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under...more
Recent cases challenge at-will employment, confidentiality, dispute resolution, and social media policies in nonunion workplaces. Over the last few years, the National Labor Relations Board (NLRB) has taken more...more
Appearing before a state bar association recently, the National Labor Relations Board ("NLRB") acting General Counsel, Lafe Solomon, said that the agency will seek to strike down at-will provisions in employment handbooks as...more