The National Labor Relations Board’s (NLRB) general counsel recently issued guidance hoping to clarify the NLRB’s vigorous campaign to eradicate any employee handbook provisions that might interfere with employees’ rights.
While the general counsel conceded that, “most employers do not draft…handbooks with the object of prohibiting or restricting” protected employee activities, “the law does not allow even well-intentioned rules that would inhibit employees from engaging in activities protected by the act.”
The NLRB is not clear on what employees could “reasonably” construe about the hidden effects of handbook provisions. The guidance offers a list of concrete examples that could be useful in reviewing present handbook terms.
It is important to periodically review handbooks. The recent guidance provided by the NLRB provides another reason to do so. If you would like more information or have questions, contact any member of the firm’s Labor & Employment Practice Group.