News & Analysis as of

Employee Handbooks NLRB General Counsel Employment Policies

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 -
Fisher Phillips

Trump Names New Labor Board Nominees: The 5 Cases That Could Soon Reshape the Law

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After several months without a functioning quorum, President Trump nominated James Murphy and Scott Mayer to fill vacant seats on the National Labor Relations Board late last week, signaling the potential for a significant...more

Bowditch & Dewey

NLRB Shakeup – General Counsel Scraps Dozens of Biden-Era Policy Memoranda

Bowditch & Dewey on

On February 14, 2025, the Acting General Counsel of the National Labor Relations Board (“NLRB” or the “Board”) issued General Counsel Memorandum 25-05 (“GC 25-05”), which rescinded dozens of previously issued memoranda and...more

Neal, Gerber & Eisenberg LLP

Looking Ahead: The Potential Impact of a New NLRB on the Hotel Industry

As hoteliers have experienced in the past, the outcome of a Presidential election, and the consequent change in the makeup of the National Labor Relations Board (“NLRB”), can have a significant impact on business operations....more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Proskauer - Labor Relations Update

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

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

Fisher Phillips

Labor Board Highlights Priorities for the New Year: 5 Key Takeaways for Employers

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Many employers had trouble keeping up with the dizzying pace of new directives from the National Labor Relations Board (NLRB) in 2023. And these changes may have prompted you to review and update your employee relations...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

Seyfarth Shaw LLP

We’ve Got a Test Case: The NLRB Files its First Complaint Challenging the Validity of Restrictive Covenants

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The National Labor Relations Board moved from theory to practice in this administration’s battle against restrictive covenants. Recently, the Regional Director of Region 9 of the National Labor Relations Board filed a...more

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Benesch

NLRB and DOL Clamp Down on Anti-Union Activities, Expand Unfair Labor Practice Remedies, and Restrict Handbook Policies

Benesch on

In recent weeks, both the National Labor Relations Board (“NLRB” or the “Board”) and U.S. Department of Labor (“DOL”) have signaled or put into effect several pro-union initiatives. Collectively, these moves will...more

Husch Blackwell LLP

The Labor Law Insider: Better Change Your Policies, Including Social Media

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Labor Law Insider host Tom Godar welcomes two new Labor Law Insiders as they discuss the shifting standards applied by the National Labor Relations Board (NLRB) to traditional employment policies found in almost every...more

Dorsey & Whitney LLP

How the NLRA Applies to All Workplaces, Not Just Unionized Ones: Implications for Workplace Conduct Policies, Social Media...

Dorsey & Whitney LLP on

When the subject of the National Labor Relations Act (the “NLRA,” or, more succinctly, the “Act”) is broached, employment lawyers often hear a familiar refrain: “The Act doesn’t apply to me because my employees are not...more

Proskauer - Labor Relations Update

We Knew This Was Coming: NLRB General Counsel Recommends Abandoning Workplace Rule and Confidentiality Rule Frameworks

As foreshadowed by the NLRB General Counsel’s August 2021 Advice Memorandum, the vacillating standard for the legality of employer handbooks and policies and confidentiality requirements during open employer-investigations...more

Stoel Rives - World of Employment

NLRB GC Asks Board To Revisit Standard For Analyzing Employee Handbooks

Since August 2021, three of the five members of the National Labor Relations Board (“NLRB” or “Board”) have been appointed by Democratic presidents, including two members appointed by President Biden. Earlier this year, the...more

CDF Labor Law LLP

NLRB’s Pro-Union Shift and Ripple Effect On Your Workplace Policies

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On February 17, 2021, President Biden nominated Jennifer Abruzzo as the General Counsel of the National Labor Relations Board (“NLRB” or “Board”).  On July 21, 2021, the U.S Senate confirmed the nomination.  As the board...more

BakerHostetler

[Podcast] NLRB Decisions on the Chopping Block: Expected Changes from the Board that May Affect Employers

BakerHostetler on

Jeremy Hart an attorney in BakerHostetler’s Labor and Employment Group, discuss the top five NLRB decisions on the chopping block that are expected with the Biden Administration and potential consequences of the National...more

Snell & Wilmer

Employment Handbooks and Confidentiality

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Employers frequently ask if they can maintain rules requiring employees to keep the contents of their employment handbooks confidential. In a recent memorandum, the General Counsel (GC) (Division of Advice) of the National...more

Brooks Pierce

New NLRB Guideline Lessens Restrictions on Employee Policies

Brooks Pierce on

On June 6, 2018, the General Counsel for the National Labor Relations Board ("NLRB") issued a memorandum announcing the NLRB's new approach to employers' policies, rules, and handbooks. In the past, the NLRB prohibited any...more

Akerman LLP - HR Defense

NLRB G.C. Issues Guidance on Handbook Rules

Standard employer workplace policies may once again pass muster, following a Memorandum issued this summer by the NLRB Office of General Counsel. Although Memorandum GC 18-04 is addressed to NLRB personnel, its guidance...more

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - May - July 2018

NLRB’s joint employer standard is still up in the air. The “joint employer” standard of the National Labor Relations Board is still in play. On May 9, in a rarely-seen development, the NLRB Office of Information and...more

Vedder Price

NLRB Handbook Rules Change Like the Wind Post-Boeing

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On June 6, 2018, the Office of the General Counsel of the National Labor Relations Board (“the NLRB” or “the Board”) published its most recent memo concerning employer handbook policies. The memo’s guidance reflects a stark...more

Jackson Lewis P.C.

NLRB GC: Employer Can Unilaterally Implement Decisions Made Before Union Election Victory

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An employer lawfully unilaterally implemented a stricter tardiness and absentee policy even though a union had recently won an election to represent its workers, according to a memorandum released by the National Labor...more

Weintraub Tobin

NLRB Provides Guidance Regarding Permissible Policies – Are Your Policies Compliant?

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Back in December, Beth West informed our readers that the NLRB had issued new (and more realistic) guidelines for evaluating whether employment policies and rules violate the National Labor Relations Act (“NLRA”). As a...more

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