NLRB's Report on Work Rules and Employee Handbooks

Author: Melissa Gonzalez Boyce, XpertHR Legal Editor

Work rules and employee handbooks are a critical and effective way for employers to convey to employees the manner in which they should conduct themselves in the workplace. However, all employers, non-union and union employers alike, should be aware that the National Labor Relations Board (NLRB) continues to target these policies and strike down those that it finds overbroad and restrictive of an employee's right to engage in protected concerted activities (i.e., discussions with co-workers) to improve their terms and conditions of employment, including wages, hours and working conditions.

Continuing its aggressive campaign on commonplace work rules, General Counsel of the National Labor Relations Board released a report on March 18, 2015, providing guidance to union and non-union employers on recent case developments arising in the context of employee handbooks. The report clarifies recent NLRB decisions addressing whether certain rules would be reasonably construed to prohibit or restrict employees from engaging in concerted activities protected under Section 7 of the National Labor Relations Act (NLRA), such as discussions of terms and conditions of employment and union organizing. In doing so, the report provides examples of lawful and unlawful language for the following rules and policies frequently at issue: confidentiality rules; employee conduct/professionalism rules; third party/media communications rules; logos, copyrights and trademark rules; photography and recording rules; rules restricting employees from leaving work; and conflict of interest rules. The NLRB reminds employers that the mere maintenance of a work rule may violate the NLRA if it has a "chilling" effect on an employee's protected activity.

As a result, it is critical that an employer reviews and updates its work rules and employee handbooks in order to remain compliant under the law. XpertHR offers the following tools and resources to assist an employer understand the lawful and efficient way to draft and enforce such rules.

Tasks

Employee Handbook

Policies and Documents

Supervisor Briefings

How To's

FAQs

Quick Reference

Employment Law Manual