As attorneys, we have issued guidance to our clients over the past several years based on a number of errant decisions by the NLRB. The NLRB decision we most frequently discussed was a 2015 Memorandum that found certain handbook provisions unlawful, such as:

 

  • Confidentiality
  • Employee conduct toward the company, supervisors, and fellow employees
  • Employee interaction with third parties
  • Employee use of company logos, copyrights, and trademarks
  • Rules restricting photography and recording
  • Rules preventing employees from leaving work
  • Employer conflict-of-interest rules

As of December 1, 2017, the NLRB’s new General Counsel, Peter Robb, issued a Memorandum (http://www.broadandcassel.com/wp-content/uploads/2017/12/GC-18_02-Mandatory-Submissions-to-Advice.pdf1_.pdf), rescinding seven agency guidance memorandums that the NLRB issued during the Obama administration. Thankfully, the NLRB Memorandum invalidating certain employee handbook decisions (discussed above) is one of the rescinded decisions.  Mr. Robb also indicated that he will carefully examine all NLRB precedents issued during the Obama administration.  Under Mr. Robb, we should also expect new guidance from the NLRB as it relates to joint employer liability, class action waivers, and confidentiality of workplace investigations, among other things.

Please feel free to to discuss the recent NLRB changes. Thank you.