Date: March 2015
On March 18, 2015, the National Labor Relations Board (NLRB) General Counsel issued a report concerning employer rules that highlights a number of recent cases in which the NLRB found employee handbook provisions that violate the National Labor Relations Act.
The report noted that some handbook provisions are overly broad and may, sometimes indirectly, impact employee rights to engage in certain kinds of employee activity – known as “protected concerted activity” – under Section 7 of the National Labor Relations Act.
Protected concerted activity generally involves employee rights to discuss wages, hours and working conditions. These rights also encompass the right of employees to make comments critical of the company.
The report discusses handbook provisions in areas such as confidentiality, professionalism, anti-harassment, media contact, photography in the workplace, and trademark. It also provides examples of language that were found to be problematic and compares that with language deemed compliant.
Finally, the report provides useful guidance to employers about what can and cannot be lawfully contained in employee handbooks. Employers seeking to ensure that their policies appropriately address these issues should review the report.
Social Networking and the Workplace Prepare Now for the Obamacare Employer Mandate Unique Legal Issues Affect Employers on Arizona Indian Reservations OSHA Clash with State Safety Regulators a Concern to Employers Restrictive Covenants in Employment Agreement Found to Be Too Broad Confidentiality in Investigations: A Trap for Unwary Employers? The Affordable Care Act: Things to Know for 2011 U.S. Supreme Court Upholds Arizona’s Employer Sanctions Law Avoiding The Threat of Genetic Discrimination Court Suspends NLRB-Required Notice of Collective Bargaining Rights The Fair Labor Standards Act Accommodating Pregnant Employees IRS Program Offers Employers a Break for Misclassifying Workers Employee Voting Rights: Arizona Employer Obligations Obamacare Update: Employer Mandate Pushed Back to 2015 Supreme Court Decides Cases in Favor of Employers Reducing the Risk of Wrongful Termination Employers, Large or Small: Obamacare Requires Action by October 1 Minimum Wage: Don’t Overlook Arizona’s Higher Requirement FMLA: Communicating with Employees on Leave NLRB Takes Aim at Employee Handbooks