April 14th, 2015

Employers – Will Your Employment Policies Pass The Scrutiny Of The National Labor Relations Board?

On March 18, 2015, the General Counsel for the National Labor Relations Board (NLRB) issued Memorandum GC15-04 summarizing recent employer cases involving common employment policies. The Memorandum outlines the aggressive position taken by the NLRB in finding employer rules and policies unlawful because they interfere with employee rights under Section 7 of the National Labor Relations Act (NLRA). Section 7 activities involve action of a concerted nature intended to address issues relating to employees’ terms and conditions of employment.

Confidentiality rules, professionalism rules, communication rules, anti-harassment rules, trademark rules, photography and recording rules, and media contact rules are all under the microscope of the NLRB. In scrutinizing an employment policy, the NLRB considers whether an employee “would reasonably construe” an employer rule to restrict or prohibit conduct protected by the NLRA. Rules found to be unlawful include those that prohibit employees from discussing wages, hours or terms and conditions of employment, criticizing the employer, or posting comments about the employer on social media. The NLRA applies regardless of whether the employer has union represented employees. In light of the guidance offered by the NLRB through this Memorandum, now is the time to have your employment policies reviewed to ensure they comply with the NLRB’s interpretation of the NLRA.

For more detailed information, please see the memorandum here.

The content found in this resource is for informational reference use only and is not considered legal advice. Laws at all levels of government change frequently and the information found here may be or become outdated. It is recommended to consult your attorney for the most up-to-date information regarding current laws and legal matters.