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NLRB General Counsel Shines Guideline Light on Employer Work Rules
In an effort to “help employers to review their handbooks and other rules, and conform them if necessary, to ensure that they are lawful,” the National Labor Relations Board's (the Board) general counsel recently issued a 30-page memorandum setting forth guidance on employers' internal personnel policies to ensure compliance with the National Labor Relations Act (the Act). The report is relevant to nearly all private employers, regardless of whether they have union-represented employees.
Although the Board's general counsel said in a letter accompanying the guidance memorandum that he believes “most employers do not draft their employee handbooks with the object of prohibiting or restricting conduct protected by the [Act],” the guidance memorandum is troubling because it finds that many seemingly innocuous, sensible employer handbook provisions and policies are unlawful because they could potentially be interpreted to restrict employees' rights to engage in activities protected under the Act.
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Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
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'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.