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Employee Handbooks › Section 7 › Corporate Counsel

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

Employers Still Need to Follow NLRB’s Strict Handbook Rules – For Now What You Need to Know About Current Standard and When it...

Fisher Phillips on

With a new presidential administration now in place, many employers are hopeful that the National Labor Relations Board (NLRB) will return to more employer-friendly policies – especially those related to handbook policies....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

Fisher Phillips

Labor Board Issues a Blow to Workplace Conduct Policies: Here’s How Your Employee Handbook May Need to Change Today

Fisher Phillips on

The National Labor Relations Board (NLRB) just changed the law again on employee handbooks by modifying the legal standards that for the past six years have provided a commonsense solution for evaluating workplace misconduct...more

Proskauer - Labor Relations Update

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

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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

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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

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Seyfarth Shaw LLP

Don’t Let the Pendulum Hit You as it Swings: NLRB General Counsel Previews a Pro-Labor Agenda

Seyfarth Shaw LLP on

With a new President comes a shift in the balance of power at the National Labor Relations Board. To start, shortly after President Biden took office in January, the NLRB’s sole Democrat, Chairman McFerran, issued several...more

Proskauer - Labor Relations Update

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

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In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...more

Proskauer - Labor Relations Update

Employer’s Policies On Blogging, Solicitation and E-Mail Signature Blocks Lawful, NLRB Rules (For Now, Anyway)

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Over the past few years, the National Labor Relations Board has frequently weighed in on employer’s workplace and employee handbook policies, examining whether an employer’s policy impacts employees’ rights under Section 7 of...more

Proskauer - Labor Relations Update

NLRB Division of Advice Releases Deluge of Advice Memoranda Discussing COVID-Related ULP Charges, Confidentiality Rules,...

Proskauer - Labor Relations Update on

On July 15, 2020, the National Labor Relations Board’s (“NLRB”) Division of Advice published 16 Advice Memoranda addressing myriad questions posed by various Regional Offices. While a majority of the Memoranda were drafted...more

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Proskauer - Labor Relations Update on

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...more

Proskauer - Labor Relations Update

Buttoning Up Rules on Union Insignia – Board Makes It Easier for Employers to Restrict Size and Scope of Union Buttons For Those...

Proskauer - Labor Relations Update on

The Board continues churning out precedent-setting decisions as year-end approaches. Two days before the Christmas holiday, in Wal-Mart Stores, Inc., 368 NLRB No. 146 (Dec. 16, 2019), the NLRB applied its new view on handbook...more

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

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

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

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more

Epstein Becker & Green

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

Epstein Becker & Green on

As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

Proskauer - Labor Relations Update on

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

Proskauer - Labor Relations Update

NLRB Rules Employer’s Handbook Statement That Benefit Available To “Non-Union Employees” Violates Act

Proskauer - Labor Relations Update on

During the last decade, a number of NLRB decisions faulted employers for written policies that were considered to be overbroad in violation of the National Labor Relations Act. These rulings sprang largely from the NLRB’s...more

Hinshaw & Culbertson LLP

NLRB Evaluates Personnel Handbook for Section 7 Compliance and Finds Moonlighting Policy Unlawful

Hinshaw & Culbertson LLP on

Nicholson Terminal & Dock Company ALJ Decision (07-CA-187907) An Administrative Law Judge (ALJ) of the National Labor Relations Board (NLRB) recently evaluated Nicholson Terminal & Dock Company's (Nicholson) Personnel...more

Fisher Phillips

A New Era For Labor Relations? Lawyers Predict Fate Of Top 10 Key Issues

Fisher Phillips on

Among the most crucial federal agencies undergoing a transformation under the new presidential administration is the National Labor Relations Board (NLRB). During the eight years of the Obama administration, with the Board...more

Fisher Phillips

Another Federal Appeals Court Rejects Workplace Recording Bans

Fisher Phillips on

The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Baker Donelson

The NLRB is Still in Business – Watch Your Handbooks

Baker Donelson on

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

Jackson Lewis P.C.

Labor Board Allows Evidence To Explain Employee Handbook Ban On Video Recording

Jackson Lewis P.C. on

The National Labor Relations Board has denied a motion for summary judgment by the NLRB’s General Counsel in a case involving Mercedes-Benz U.S. International Inc.’s maintenance of an employee handbook rule prohibiting the...more

Parker Poe Adams & Bernstein LLP

New NLRB Chair's Dissent May Point to Future Board Position on Challenges to Employee Handbook Policies

Parker Poe Adams & Bernstein LLP on

Over the past several years, the National Labor Relations Board (NLRB) has repeatedly found that standard employee handbook provisions violate employees’ rights under Section 7 of the NLRA. These cases conclude that a variety...more

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

Blowin' in the Wind? The Evolution of a Balanced Analysis of Workplace Policies by the NLRB

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

On February 24 , 2017, a two-member majority (Members Mark Gaston Pearce and Lauren McFerran) of the National Labor Relations Board, over the dissent of Acting Chairman Philip Miscimarra, struck down yet another handbook...more

Maynard Nexsen

New Hope for Employee Handbooks?

Maynard Nexsen on

During the prior Administration, the National Labor Relations Board (NLRB) scrutinized employment policies contained in handbooks and policy manuals, and found many of the policies unlawful under the theory that they...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

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