Employee Handbooks The National Labor Relations Act

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +
Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -
News & Analysis as of

Union or Not, the NLRB Has Employers (and Their Employee Handbooks) In Its Sights

Here’s something that often comes as a surprise to my clients with a non-union employee base: the NLRA (National Labor Relations Act) likely applies even without any union employees. Yep – you read that...more

NLRB Continues to Scrutinize Employer Policies - NLRB General Counsel’s Guidance Memorandum and Recent Cases Highlight NLRA Issues

The National Labor Relations Board (NLRB or the “Board”) continues to address the scope of permissible employer policies and workplace rules through guidance issued by its General Counsel and in Board decisions. In March...more

NLRB General Counsel's Recent Report on Work Rules Tracks Areas to Watch - Employers of Union and Non-Union Work Forces Need to Be...

For the last several years, the National Labor Relations Board (NLRB or the "Board") has engaged in a well-publicized expansion of scrutiny for employer work rules and has liberally identified those rules that it believes...more

NLRB General Counsel Issues Guidance on Employee Handbooks

Many employers erroneously believe that the National Labor Relations Act only applies to employers with union contracts. In recent years, the National Labor Relations Board seems to have had a public relations campaign to...more

New Guidance Regarding Employee Handbooks Part Three: How Much Do Employers “Own” Their Logo, Copyright and Trademark?

The National Labor Relations Act (NLRA) restricts all employers from issuing policies or rules – even if well-intentioned – that inhibit employees from engaging in activities protected by the act, such as discussing wages,...more

NLRB Provides Comprehensive Rules for Employee Handbook Policies

Employers now have a set of guidelines to keep their employee handbook policies from violating federal labor law. The National Labor Relations Board (NLRB) recently issued a comprehensive set of rules outlining what types of...more

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3 Trademarks and Logos, Photography and Workplace Recording, Leaving Work,...

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks....more

NLRB Report Targets Unlawful Employer Handbook Rules

On March 18, the National Labor Relations Board's Office of the General Counsel (OGC) published a Report Concerning Employer Rules that discusses a variety of employee handbook rules addressed by the board in recent cases....more

Is it Time to Review Your Employee Handbooks?

On March 18th, National Labor Relations Board (“NLRB”) General Counsel Richard F. Griffin, Jr., issued a report (“the Report”) concerning employer rules and employee handbooks in light of recent employer rule cases. ...more

Think Your Handbook Is Legally Compliant? NLRB Says, “Think Again”

In the most recent memorandum issued by the General Counsel (“GC”) of the National Labor Relations Board (“Board”) regarding workplace policies, memorandum GC 15-04, the Board offers employers new guidance on how to craft...more

NLRB General Counsel Releases Memorandum on Unlawful Employer Policies

In our prior alert, we notified you of the National Labor Relations Board’s (NLRB) decision to overturn an administrative law judge’s (ALJ) ruling, finding that a confidentiality agreement had violated employee rights under...more

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2 Conduct Toward Coworkers and Third Parties

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

Employment Law Newsletter - April 2015

In This Issue: - Do Your Company Policies & Procedures Stand up against the NLRB? - Potential Pitfalls of Terminating an Employee who Requests Extended Leave - Excerpt from Do Your Company Policies & Procedures...more

The NLRB's Office Of General Counsel Provides Guidance Regarding Handbook Policies

On March 18, 2015, in the wake of a number of controversial decisions by the National Labor Relations Board (NLRB) regarding policies in employee handbooks (both in unionized and non-unionized settings), the NLRB's General...more

It's Not What You Say, It's How You Say It: The NLRB and Employee Manuals

An employee manual can be your best friend or your worst nightmare in litigation. A well-written manual can provide clarity, consistency and enhance employee communication. A poor policy can rise up like a late night movie...more

A Must Read: NLRB General Counsel Issues Helpful Guidance on Employee Handbook Policies and Rules

Over the past several months, we have alerted you to the National Labor Relations Board’s (NLRB) recent trend of scrutinizing employers’ handbook policies and finding many common policies unlawful. ...more

NLRB Guidance Further Defines Permissive Employer Handbook Rules

The NLRB’s General Counsel recently issued a report further defining the limitations on an employer’s ability to enact workplace rules which tend to interfere with an employee’s Section 7 rights under the National Labor...more

New Guidance Regarding Employee Handbooks — Part One: Don’t Let Your Confidentiality Provisions “Chill” Employee Communications

It is a great time for employers to review their employee handbooks. Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), recently issued a lengthy and detailed report summarizing the NLRB’s...more

NLRB Published Report Concerning Employee Handbook Rules and Policies

On March 18, 2015, NLRB General Counsel Richard Griffin published a Report concerning recent case developments arising in the context of employee handbook rules and policies. The thirty-page Report concludes that many...more

"Guidance" That Does Not Guide: NLRB General Counsel Issues Interpretations of Common Employee Handbook Policies

We have not exactly been shy in expressing concern regarding many of the National Labor Relations Board’s (NLRB) recent actions, nor hesitant to opine that its actions appear purposefully designed to advantage unions and...more

NLRB Issues Guidance on Employee Handbooks

The National Labor Relations Board (“NLRB”) has recently been aggressive in its enforcement of the National Labor Relations Act (“NLRA”) and, in particular, Section 7 of the NLRA, which protects employees’ rights to form or...more

NLRB Report Concludes that Many Common Handbook Policies Violate NLRA

When employers hear “NLRB,” they immediately think “union.” This connection is understandable because, at least historically, the main focus of the National Labor Relations Board (the “NLRB”) has been union-related issues....more

NLRB’s Do’s and Don’ts of Employer Handbooks: Part 1

On March 18, 2015, the National Labor Relations Board (NLRB) Office of the General Counsel released a 30-page memorandum providing guidance on employer rules and handbooks. The memorandum further solidified the NLRB’s...more

NLRB General Counsel Issues Memorandum Providing Justification for Employer Rule Decisions

Over the past several years, the National Labor Relations Board (NLRB) has aggressively redefined the landscape for employer rules contained in employee handbooks, employee policies, and/or employment agreements....more

If You Can’t Say Anything Nice….NLRB General Counsel Releases New Report on Employee Handbook Rules

The National Labor Relations Board (NLRB) General Counsel released a report on recent case developments on March 18 involving employee handbook conduct restrictions. The stated purpose was to focus on rules that may have a...more

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