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Employee Handbooks › The National Labor Relations Act › Administrative Law Judge (ALJ)

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 -
Seyfarth Shaw LLP

NLRB’s Non-Compete Power Grab – Can Employers Avoid NLRB’s Oversight?

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An administrative law judge (“ALJ”) of the National Labor Relations Board (“NLRB”) in J.O. Mory, Inc. recently required an employer to rescind certain restrictive covenants in its employment agreements. The decision is yet...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

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During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

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Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Manatt, Phelps & Phillips, LLP

NLRB Adopts New Standard for Employer Work Rules

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The National Labor Relations Board (NLRB) has adopted a new standard for evaluating challenges to employer work rules as facially unlawful under Section 8(a)(1) of the National Labor Relations Act (NLRA), overruling a...more

Proskauer - Labor Relations Update

NLRB Finds Social Media Policies Lawful, Sheds Light on Impact of Boeing

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As we have discussed before, several years ago, the Board instituted a significant paradigm shift in analyzing the lawfulness of employers’ handbook policies in relation to employees’ Section 7 rights, when it issued its...more

Proskauer - Labor Relations Update

NLRB: Policy Prohibiting Personal Cell Phones in Work Areas Due to Safety Concerns May Be Lawful under Boeing

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As we previously suggested, the NLRB’s adoption of the Boeing standard for determining the lawfulness of employer’s workplace rules, policies and handbook provisions has provided significant fodder for interesting cases....more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

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In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

Fisher Phillips

Web Exclusive December 2017: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017. December was no different,...more

Proskauer - Labor Relations Update

Handbook Wars – Common Sense Returns NLRB Overhauls Standard for Legality of Work Rules

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We have noted many times over the years how the NLRB’s zeal to review employer policies, or more correctly, fragments of employer policies, for lawfulness has led to nettlesome issues that rarely, if ever, involve actual...more

Baker Donelson

The NLRB is Still in Business – Watch Your Handbooks

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While employers wait to see if the Trump Administration will produce a kinder, gentler National Labor Relations Board (NLRB), the NLRB is still in the business of punishing employers for workplace policies that ostensibly...more

Carlton Fields

Non-Union Employers Beware: Your Employee Handbook May Violate Employees’ Rights

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Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included...more

McGuireWoods LLP

Labor Relations Today: 2016 Year In Review

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Introduction - In the final year of his two term tenure, President Barack Obama’s National Labor Relations Board and Department of Labor continued their double barrelled efforts to remake labor law to benefit labor...more

Sheppard Mullin Richter & Hampton LLP

National Labor Relations Board Issues Yet Another Decision Finding An Employer’s Work Rules Overly Broad

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The National Labor Relations Board (“Board”) recently issued a decision that serves as a reminder for both union and non-union employers that the Board continues to take an aggressive stance on seemingly innocuous employment...more

Littler

NLRB Issues Numerous Decisions Against Employers as Hirozawa's Term Expires

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In the midst of a heated presidential election cycle, employers are following recent decisions of the National Labor Relations Board closely. Before losing its three-member Democratic majority at the expiration of Board...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July / August 2016

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NEWS & ANALYSIS - The NLRB continues its assault on workplace civility and efficiency– As we reported more than two years ago, Mark Gaston Pearce, Chairman of the National Labor Relations Board, and NLRB General Counsel...more

Foley & Lardner LLP

Employer Handbook Policies Violate the National Labor Relations Act

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As we recently noted, the National Labor Relations Board (NLRB) is laser-like focused on scrutinizing employer personnel policies. In yet another example of this ongoing campaign, a recent administrative law judge (ALJ)...more

Littler

NLRB Ruling in Social Media Case Provides Useful Guidance for Employers

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Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the...more

Seyfarth Shaw LLP

NLRB Tells Employers to Mind their Own Business

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Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Seyfarth Shaw LLP

NLRB Tells Employers to Mind their Own Business

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Seyfarth Synopsis: An Administrative Law Judge held that an employer’s policy of prohibiting employees from conducting personal business at work, along with its social media and solicitation/distribution policies, violated...more

Kelley Drye & Warren LLP

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

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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

McNees Wallace & Nurick LLC

Ingles Solamente Reglas

McNees Wallace & Nurick LLC on

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

Franczek P.C.

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

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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

Allen Matkins

Surprise! NLRB Approves Employer’s Challenged Social Media Policy

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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

BakerHostetler

Tinley Park Hotel and Convention Center: The NLRB Gets Out Its Selfie Stick

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Over the past few years, many employers have found out—the hard way—that the National Labor Relations Board is serious in policing employee handbooks for provisions that the Board believes are “overly broad” under Section 7...more

Benesch

NLRB Declares “Conflict-of-Interest” Policy to be Unlawful on Its Face

Benesch on

In a controversial decision, the NLRB found that a conflict-of-interest policy in an employee handbook is unlawful on its face. This ruling could deem many current conflict-of-interest policies unenforceable, creating harsh...more

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