National Labor Relations Board Employee Handbooks

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
News & Analysis as of

The National Labor Relations Board Continues Its Full-Frontal Attack on Employers’ Rules of Conduct

The National Labor Relations Board continues its full-frontal attack on reasonable rules of conduct promulgated by employers in two recent cases issued at the beginning of April. In Hills and Dales General Hospital,...more

Courteous, professional workplace policy outlawed

In recent months, some of the National Labor Relations Board’s intentions have become obvious. First, the NLRB plans on devoting considerable attention and resources towards non-union employees and employers. Next, the NLRB...more

The NLRB Weighs in Again on Civility - Civility Loses

A lot of people are available to tell you how to best utilize social media, Twitter, Facebook, LinkedIn and other platforms to promote your brand, to promote yourself or even just the best way to share pictures of your cats. ...more

NLRB Finds That “Employee Rights” Savings Provision In Employee Handbook Does Not Cure Overbroad Employee Conduct Rules

In First Transit, Inc., the National Labor Relations Board (NLRB) found that a savings provision in an employee handbook recognizing employees’ right to decide whether they want to have union representation was insufficient...more

Social Media – Revise Your Policy If It Says This

If you have a provision similar to the one below in any of your employee agreements, handbooks, etc. or are considering including one, make sure you read the rest of this article....more

Act Now Advisory: Overbroad Handbook Policies May Constitute Unfair Labor Practices

At-will disclaimers in employee handbooks may provide protection from contract claims, but a recent decision by a National Labor Relations Board ("NLRB") Administrative Law Judge ("ALJ") serves to remind employers that the...more

Having Weighed In On Employers’ Social Media Policies, NLRB Rules On Employee Handbooks

The National Labor Relations Board has recently garnered national attention for its crackdown on social media policies. However, over the last few years, the Board has quietly heightened its scrutiny of company handbook...more

NLRB 2013 Year in Review and 2014 Initiatives

Key labor law developments of 2013 are reviewed here for employers to consider as they look ahead to National Labor Relations Board (NLRB) developments in 2014. Employers should prepare to respond to the NLRB's continued...more

A Bell Is Un-Rung: It’s “Never” too Late to Update the Handbook

Regularly updating your employee handbook is not just a good practice, but it is of particular importance given the recent scrutiny of handbook language by the Acting General Counsel (AGC) of the National Labor Relations...more

Employers Beware: NLRB Continues to Target Policies and Agreements

The National Labor Relations Board (NLRB or Board) continues its pursuit of employee handbooks and employment contracts in a series of recent decisions examining the lawfulness of confidentiality and alternative dispute...more

The Board Plays On: The NLRB Clarifies Its Position on At-Will Disclaimers

In 2012, the National Labor Relations Board (NLRB) set the business community atwitter when an administrative law judge in American Red Cross decided that an at-will disclaimer in an employee handbook violated the National...more

NLRB Pulls Back A Little More On Policy Frenzy, Finds Code Of Conduct Does Not Violate The Act

As we have seen repeatedly in the last year, the NLRB has taken it upon itself to police employer policies often finding a phrase or two to be a violation of the Act. In recent months we have seen the NLRB seemingly pullback...more

Restricting Outside Communications; How Far Can You Go?

On January 25, 2013, the National Labor Relations Board held that DirecTV's employee handbook contained unlawful rules restricting employees from communicating with media representatives and law enforcement officials and...more

Employment Flash - February 2013

In This Issue: - Ohio Supreme Court Reverses Decision on Surviving Merger Entity’s Ability to Enforce Noncompetition Agreements - “Sweet” Decision for California Employers: Court Approves Time Rounding in Case...more

NLRB Gets Busy – Part 2 NLRB Incursion Into Non-Unionized Workplace

In January, we told you about recent activity by the National Labor Relations Board that overturned or departed from settled precedent. As promised, in Part 2 of this Alert series we summarize recent decisions where the...more

Legal Alert: NLRB Strikes Down Employer's Handbook Policies

On the same day as the D.C. Circuit Court of Appeals determined President Obama's recess appointments are unconstitutional, the NLRB continued its assault on workplace rules and employee handbook policies. See DirecTV U.S....more

Act Now Advisory: The NLRB Is Looking at Confidentiality, Non-Disclosure, and Non-Disparagement Provisions in Your Agreements

Another decision has been issued by a National Labor Relations Board ("NLRB" or "Board") administrative law judge ("ALJ") striking down a non-union employer's confidentiality and proprietary information and non-disparagement...more

NLRB’s Actions in 2012 Highlight Critical Labor Issues for Nonunion Employers

In 2012, the National Labor Relations Board (NLRB or Board) aggressively staked out positions on employment policies and practices prevalent in both union and nonunion workplaces. These issues include social media policies...more

Labor Letter, January 2013: Has The NLRB Outlawed Courtesy?

The National Labor Relations Board (NLRB) has attracted attention in recent years for its scrutiny of employer rules and policies regulating conduct of employees – including employees who are not represented by unions or...more

NLRB Issues New Guidance on At-Will Disclaimers

The Office of the General Counsel (GC) of the National Labor Relations Board (NLRB or Board) recently issued two advice memoranda that shed some light on the legality of employers’ “at-will” disclaimers in employee handbooks...more

Employment And Labor Insight: Year In Review - Are Your Employment Procedures, Practices And Policies In Compliance?

As we enter 2013, we would like to update you on the importance of reviewing your application, background check procedures, employment policies and employee handbook for compliance with the changing laws in these areas....more

2013 Is Here – Are You “Employment Ready”

As we presented at our December 2012 Breakfast with Bradley program, the governmental agencies responsible for the enforcement of the employment laws and regulations continue to expand their reach by issuing pro employee...more

NLRB Advice on Lawful Employment At Will Provisions Under the NLRA

On October 31, 2012, the National Labor Relations Board (NLRB) Office of General Counsel (G. C.) issued two Advice Memoranda clarifying whether employment at-will language in an employee handbook, applications or other...more

NLRB, Union Violated Act When Steward Invoked Company Handbook To Stop Member Complaints

In the last couple of years, we have seen close scrutiny of employer handbooks by the NLRB. If the agency deems a policy, or a portion of a policy, to be something employees might reasonably construe to inhibit protected...more

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

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