NLRB Report on Employee Handbook Rules May Encourage Changes To Existing Policies
Last week, the National Labor Relations Board (NLRB) General Counsel, Richard Griffin, issued a report on employee handbook rules that may encourage many employers to make changes to their existing policies. (pdf)
In his opening, Griffin says the 30 page report was published “to offer guidance on my views of this evolving area of labor law, with the hope that it will help employers to review their handbooks and other rules, and conform them, if necessary, to ensure that they are lawful.
The NLRB report provides examples of rules that were found to be unlawful, and then provides sample language that employers can use to build lawful handbooks. The report includes rules addressing:
- Confidentiality
- Employee Conduct Towards The Employer
- Conduct Towards Fellow Employees
- Employee Interaction with Third Parties
- Restricting Use of Company Logos, Copyrights, and Trademarks
- Restricting Photography and Recording
- Employees Leaving Work
- Conflict of Interest
The report also discusses a recently settled charge against Wendy’s International LLC, regarding their handbook. Griffin breaks down the provisions that were found unlawful, and provides the language used in Wendy’s updated handbook
Many of the provisions the NLRB has taken issue with in this report are common to employee handbooks, and are often written by employers with good intentions.
It is important that all employers regularly reviewing their policies, and consult with an employment law attorney about any provisions that might be affected by this NLRB guidance.
