NLRB's Report on Work Rules and Employee Handbooks
Author: Melissa Gonzalez Boyce, Brightmine Legal Editor
Work rules and employee handbooks are a critical and effective way for employers to convey to employees the manner in which they should conduct themselves in the workplace. However, all employers, non-union and union employers alike, should be aware that the National Labor Relations Board (NLRB) continues to target these policies and strike down those that it finds overbroad and restrictive of an employee's right to engage in protected concerted activities (i.e., discussions with co-workers) to improve their terms and conditions of employment, including wages, hours and working conditions.
Continuing its aggressive campaign on commonplace work rules, General Counsel of the National Labor Relations Board released a report on March 18, 2015, providing guidance to union and non-union employers on recent case developments arising in the context of employee handbooks. The report clarifies recent NLRB decisions addressing whether certain rules would be reasonably construed to prohibit or restrict employees from engaging in concerted activities protected under Section 7 of the National Labor Relations Act (NLRA), such as discussions of terms and conditions of employment and union organizing. In doing so, the report provides examples of lawful and unlawful language for the following rules and policies frequently at issue: confidentiality rules; employee conduct/professionalism rules; third party/media communications rules; logos, copyrights and trademark rules; photography and recording rules; rules restricting employees from leaving work; and conflict of interest rules. The NLRB reminds employers that the mere maintenance of a work rule may violate the NLRA if it has a "chilling" effect on an employee's protected activity.
As a result, it is critical that an employer reviews and updates its work rules and employee handbooks in order to remain compliant under the law. HR & Compliance Center offers the following tools and resources to assist an employer understand the lawful and efficient way to draft and enforce such rules.
Tasks
- Prepare an Employee Handbook
- Determine Whether Employee's Conduct is Protected Under the National Labor Relations Act
- Prevent Distribution of Pro-Union Literature in the Workplace
Employee Handbook
- Acknowledgement and Receipt Handbook Statement
- Confidential Company Information Handbook Statement
- Conflicts of Interest Handbook Statement
- Contact with the Media Handbook Statement
- Electronic Resources Handbook Statement
- Equal Employment Opportunity Handbook Statement [20+ Employees]
- No Solicitation/Distribution of Literature Handbook Statement
- Outside Employment Handbook Statement
- Personal Data Changes Handbook Statement
- Personal Electronic Devices Handbook Statement
- Purpose of Employee Handbook Statement
- Sexual and Other Unlawful Harassment Handbook Statement [20+ Employees]
- Standards of Conduct Handbook Statement
- Workplace Bullying Handbook Statement
- Workplace Violence Handbook Statement
Policies and Documents
- Blogging Policy
- Bring Your Own Device (BYOD) Policy
- Camera Policy
- Communication and Information Systems Policy
- Computer, Email and Internet Use Policy
- Confidential and Proprietary Information Policy
- Conflicts of Interest Policy
- Dress Code Policy
- Employee Conduct and Discipline Policy
- Employee Handbook Acknowledgement and Consent Form
- Outside Employment Policy
- Personal Electronic Devices Policy
- Telephone and Voicemail Policy
- Solicitation and Distribution Policy
- Video Surveillance Policy
Supervisor Briefings
- Dress Codes and Appearance Policies - Supervisor Briefing
- Bullying and Harassment - Supervisor Briefing
- Social Media - Supervisor Briefing
- Nondistribution and Nonsolicitation Policies - Supervisor Briefing
How To's
- How to Write an Employment Policy
- How to Amend an Employee Handbook
- How to Create an Employee Handbook
- How to Determine Whether an Employee's Activity is Protected Under the National Labor Relations Act
FAQs
- What are the key policies to include in an employee handbook?
- How often should an employer update an employee handbook?
- How can an employee handbook be written to preserve the employment at-will status of employees?
Quick Reference
- Work Rules/Handbooks - Examples of Lawful and Unlawful Language
- Employee Communication Methods
- EEO Protected Classes by State and Municipality
- LGBT Rights by State
- Internet and Email Usage - What's Acceptable, What's Not
- Solicitation and Distribution of Union Literature in the Workplace
Employment Law Manual
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct
- HR Management > Multistate Employer
- Union Organization and Labor Relations > Win a Campaign Against Unionization
Legal Insight
- NLRB Issues Guidance on Social Media Policies
- Harassment in the Workplace
- Pregnancy Discrimination
- Gender Identity, Gender Expression and Transgender Status in the Workplace