Handbooks are Still Being Overly-Scrutinized by the NLRB

I’ll be honest, I’m tired of warning companies that the NLRB is on a witch hunt to find minor violations of the National Labor Relations Act hidden inside handbooks of union and non-union companies alike. But, based on the number of clients who have proactively asked me to review their handbooks with an eye toward complying with the NLRB’s recent scrutiny, I have a lot more warning to do.

A management company for an Embassy Suites was the latest victim when the NLRB Administrative Law Judge took issue with several policies in its handbook. One policy prevented employees from accessing company property when not on duty without offering a business justification for the restriction. Another policy prohibited employees from speaking with the media. The Company’s confidentiality policy apparently could give employees the impression that they are prohibited from discussing their wages and terms and conditions of employment with one another.

This is just a sampling of the many policies under attack by the NLRB. The current Board has extended employees’ Section 7 rights under the Act to points never before contemplated. Standard employment policies incorporated into most every handbook now violate the law, according to the current activist Board. I cannot stress enough that every handbook of every company has a target on it. Take the time now to ensure that your handbook complies with the always-changing Section 7 of the NLRA.

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