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... 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.

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News & Analysis as of May 22, 2013

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

by Mark Theodore | Proskauer - Labor Relations on 3/15/2013

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?

by David Jaqua | Butler, Snow, O'Mara, Stevens and Cannada,... on 3/1/2013

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

by Skadden, Arps, Slate, Meagher & Flom LLP on 2/26/2013

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

by Michelle Bush, Charles Einsiedler, Jr. | Pierce Atwood LLP on 2/12/2013

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

by Joshua Sudbury | FordHarrison on 2/4/2013

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

by Desiree Busching, Lauri Rasnick, Steven Swirsky | Epstein Becker & Green, P.C. on 1/18/2013

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

by Brian Doyle, David J. Santeusanio | Holland & Knight LLP on 1/16/2013

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?

by James McDonald Jr. | Fisher & Phillips LLP on 1/12/2013

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

by H. Ellis Fisher | Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/10/2013

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?

by Leonard, Street and Deinard on 1/9/2013

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

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

by Mark Theodore | Orrick - Structured Finance Group on 12/5/2012

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...

by Lane Powell PC - Labor & Employment Law on 11/19/2012

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

NLRB Offers Advice on At-Will Employment Handbook Language

by Theodore T. Eidukas | Foley & Lardner LLP on 11/13/2012

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

NLRB Provides New Guidance on At-Will Employment Provisions

by McNees Wallace & Nurick LLC on 11/12/2012

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

NLRB Provides Guidance on At-Will Employment Disclaimers

by Ballard Spahr LLP on 11/9/2012

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

Healthcare Update, No. 4, November 2012: NLRB Continues To Set Sights On Healthcare Employers

by Fisher & Phillips LLP on 11/7/2012

The National Labor Relations Board (NLRB) has continued its aggressive attack on employers in the healthcare industry and nonunion employers generally. With a membership majority that is widely recognized as being pro-union,...more

Recent NLRB Division of Advice Memoranda Regarding At-Will Disclaimers Helpful, but More Guidance Needed

by Franczek Radelet P.C. on 11/7/2012

We have updated clients about recent cases from the National Labor Relations Board (NLRB) that have invalidated employer at-will employment policies. ...more

Snap Back to Reality: NLRB Steps Back from the Ledge on Employment At Will

by FordHarrison on 11/6/2012

Executive Summary: Following recent attacks on the employment at-will doctrine by one of the NLRB's Regions, the Board has stepped its position back somewhat, issuing two Advice Memorandums through its Associate General...more

NLRB Division, Some “At-Will” Clauses Ok

by Proskauer - Labor Relations on 11/2/2012

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

NLRB’s Division of Advice Finds Two At-Will Employment Policies Lawful

by Morgan Lewis on 11/2/2012

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 "I"s Have It: NLRB Says Don’t Shred Those At-Will Disclaimers Just Yet

by Jon Hyman on 11/1/2012

The NLRB Office of General Counsel issues refreshing (surprising? relieving?) advice memoranda backing off the position that any at-will disclaimer violates the NLRA, and stating that it is willing to evaluate each on a...more

Say What? NLRB Provides Guidance For Social Media Policies

by Pillsbury Social Media, Entertainment &... on 10/26/2012

In a series of important rulings, the National Labor Relations Board ("NLRB") has provided guidance regarding the extent to which private employers may regulate aspects of an employee's social media activities consistent with...more

NLRB Takes on At-Will Employment

by FordHarrison on 10/19/2012

Executive Summary: During the past year, the National Labor Relations Board has begun chipping away at the employment at-will doctrine. Based on the activities of one of its regional offices, the Board appears intent on...more

Does the NLRA really Protect A Worker's Right to Be Rude? The NLRB Thinks So!

by Mintz Levin - Employment, Labor & Benefits on 10/18/2012

What a year it’s been for the National Labor Relations Board! Under the guise of preserving workers’ rights under Section 7 of the National Labor Relations Act, which includes the broad right “to engage in [ ] concerted...more

NLRB’s Fine-Toothed Comb Approach Invalidates More Employer Handbooks and Policies

by Franczek Radelet P.C. on 10/17/2012

Social media and other employer policies continue to draw close scrutiny from the National Labor Relations Board (NLRB). Recently, the NLRB issued its first binding decision involving employees’ rights under a common social...more

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