New NLRB Guidance on Handbook Policies

In the 2004 Lutheran Heritage decision, neutrally worded handbook rules that could be “reasonably construed” by employees to prohibit the exercise of National Labor Relations Act rights became unlawful. Since then, the Board repeatedly ignored context and completely disregarded employer explanations unrelated to union activity, to cite this decision as support to outlaw historically common…
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NLRB’s View on Employers Protecting Customer Information

Employers can prohibit the use by employees of the names, social security numbers, and credit card numbers of customers in furtherance of organizational activities. This ruling came after the NLRB scrutinized the employer’s definition of confidential information and policies covering “Use of Personal Data” and “Confidentiality and Acceptable Use of Company Systems.” The company defined…
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A Positively Positive Court Ruling Overruling a Positively Awful NLRB Ruling

T-Mobile had a handbook that asked employees to be professional and maintain a “positive work environment.” The NLRB found that phrase unlawful because “employees would reasonably construe the rule to restrict potentially controversial or contentious communication and discussions, including those protected by Section 7 of the [NLRA], out of fear that the [employer] would deem…
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Difference between Employee and Non-Employee Off-Duty Access Policies

The NLRB and courts recognize that off-duty employees have greater rights than non-employees when it comes to accessing the employer’s property to engage in protected activity. The NLRB applies a three-part test to determine if an employer’s off-duty access policy is valid under the National Labor Relations Act. An off-duty access policy is valid only…
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“No Loitering” Policy: Unlawful says NLRB

Loiter (verb): to stand or wait around idly or without apparent purpose. Many workplaces prohibit off-duty workers from loitering at the worksite. These policies make great sense. They decrease the likelihood of wage and hour violations by providing off-duty employees the opportunity to claim they were working, but not being paid for their work. They…
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Latest Handbook Provisions to be Invalidated by the NLRB

Union and Non-Union employers – consider this your monthly reminder to have competent labor counsel review your handbooks for compliance with the NLRB’s recent rulings about common provisions that violate the National Labor Relations Act. And for the companies that believe that the NLRB will be reined in under President Trump, well, Trump’s nominations have…
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