The National Labor Relations Act Employee Handbooks

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
News & Analysis as of

Updating Your Employee Handbook for 2016

Employee handbooks are an important way for employers to communicate rules, expectations and benefits to employees. They also can serve as a way for the company to establish its brand and convey its history and corporate...more

Employee Use of Company Email Systems

Many employers have policies that prohibit employees from using the company email system for personal emails. The theory is that the email system is set up and paid for by the company in order to facilitate company business,...more

Don’t Worry, Be (Un)Happy: Does U.S. Labor Law Protect a Worker’s Right to a Bad Attitude?

A few months ago, we noted that a Yelp employee’s online “negative review” of her employer might be protected activity under the National Labor Relations Act (NLRA), given that the National Relations Labor Board (NLRB) has...more

NLRB Slams Hospital for Maintaining Work Rules Prohibiting Employees From Engaging in "Improper Conduct"

Over the past several years, employers have been bombarded with news about the National Labor Relations Board (NLRB) and its ever expanding control over employers’ internal workplace policies. In fact, just a few years ago,...more

NLRB Rejects General Employee Behavior Standards in Code of Conduct

The National Labor Relations Board continues its assault on employer handbooks and other policies it considers to impede employees’ rights to engage in protected concerted activity under Section 7 of the NLRA. Last month, the...more

Employee Manuals – Sticking to the Script: New Guidance from the NLRB

On April 7, 2016, a National Labor Relations Board (“NLRB”) Administrative Law Judge (“ALJ”) ruled that five Dan Gilbert companies, including Quicken Loans Inc., Fathead LLC, In-House Realty LLC, One Reverse Mortgage LLC,...more

NLRB Sets Aside Election Results Due to Overbroad Work Rules

In an unpublished decision (Blommer Chocolate Co. of California, LLC, Case No. 32-RC-131048) issued on February 17, the NLRB set aside the results of an election in which the tally of ballots was 18 for and 50 against the...more

The NLRB Finds Whole Foods’ No-Recording Policy Unlawful

In Whole Foods Market, Inc., the National Labor Relations Board, in a 2-1 decision, held that Whole Foods’ rules prohibiting the recording of conversations in the workplace violated Section 8(a)(1) of the National Labor...more

Employment Law Commentary, December 2015

New Year, Revised Handbook - Now that you know all about the new employment laws in California for 2016—see our Employment Law Commentary from last month—it’s time to think about revising your employee handbooks and...more

National Labor Relations Board Continues to Limit Handbook Rules

The National Labor Relations Board has been increasingly active in reviewing rules for employee conduct described in personnel policy manuals and handbooks. The NLRB focuses on Section 7 of the National Labor Relations Act,...more

Words Matter: D.C. Circuit Upholds (in part) NLRB's Ruling on Hyundai Handbook Policies

A recent opinion from the D.C. Circuit Court of Appeals, Hyundai Am. Shipping Agency, Inc. v. NLRB, illustrates the importance of word choice in handbook policies under the watchful eye of the National Labor Relations Board...more

Labor Strikes Back: The New NLRB Initiatives

While private sector union representation has been declining for decades, the last few years have ushered in a resurgence of union initiatives. Importantly, these efforts have been fueled by a labor friendly National Labor...more

D.C. Circuit Upholds NLRB's Continued Targeting of Workplace Rules

The National Labor Relations Board (NLRB or the Board) has continued its trend of subjecting employer work rules to scrutiny as to whether they unlawfully restrict workers' rights to form or join labor organizations, bargain...more

The 10 Most Common Mistakes in Employment Handbooks That Can Lead to Legal Liability

In this article, we decided to focus on 10 common mistakes that can expose your company to potential legal liability: - Using a “one-size fits all” approach. It’s tempting to use a handbook template you find online as...more

Handbook Revisions Due

The U.S. Court of Appeals for the District of Columbia sided with the NLRB on 3 common employer policies. These rules violate the NLRA on their face...more

New York State Adds Protected Classifications and Remedies for Workplace Discrimination

The new laws are designed to protect equality for female employees in New York State; Governor also proposes regulations that would extend protections to transgender employees. On October 21, New York Governor Andrew...more

Employment Law - October 2015 #2

Take the Cure: New California Law Permits Corrections of Wage Statement Violations - Why it matters: Employers may want to review their wage statements after Governor Jerry Brown signed a new law that permits them...more

Why Getting Handbooks Right Matters: NLRB Judge Holds Verizon’s Restrictions on Employee Communications During Non-Working Time...

Despite previous NLRB rulings telling them to stop, some employers continue to impose broad prohibitions on personal employee communications over company email. As an administrative law judge recently reminded us, failing to...more

Ingles Solamente Reglas

English-only rules are not as common as they once were, but many employers still require employees to speak English only in the workplace. Justifications for these rules vary, but the Equal Employment Opportunity Commission...more

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

The NLRB's Assault on Employee Handbooks: Potentially Illegal Workplace Rules and Policies

Most employers and their legal counsel take pride in rules and policies that have become standard fare in the workplace. Employee Handbooks almost always contain, and certainly should contain, conspicuous provisions that...more

NLRB Administrative Law Judge Rules that Employer Unlawfully Discharged Employee Who Warned Co-Worker of Looming Discharge

Recently, an Administrative Law Judge (ALJ) with the National Labor Relations Board found that an employer violated the National Labor Relations Act (NLRA) when it discharged an employee for informing a co-worker that the...more

Dealership Handbooks Remain In The NLRB's Crosshairs

As we advised almost a year ago, the National Labor Relations Board (NLRB) has recently been subjecting dealership handbooks to increased legal scrutiny. Whether or not your dealership is unionized, your employment policies...more

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

In somewhat of a surprise, recently the NLRB affirmed an Administrative Law Judge’s decision, which had rejected the NLRB General Counsel’s challenge to a portion of an employer’s social media policy as unlawful. The...more

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

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