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May 29, 2014 by Dianne Shaddock Leave a Comment

Employee Handbook Policies May Infringe on the National Labor Relations Act

Employee Handbook Policies May Infringe on the National Labor Relations Act

Standard language found in many employee handbooks include references to the company’s position on employment at will, or policies limiting how employees can use company property. Some handbooks include mandates alerting employees not to discuss their salaries with colleagues.

It is language that may be considered an ‘unfair labor practice’ based on an interpretation of the National Labor Relations Act (NLRA).

The NLRA states that it is unlawful to “interfere with, restrain, or coerce” workers.

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The National Labor Relations Board (NLRB) is expanding its definition of the kinds of policies or actions that constitute unfair labor practices.

Employee handbook verbiage not supported by the NLRB includes:

  • Employment at-will disclaimers
  • Mandatory arbitration provisions
  • Social media policies
  • Policies that require employees to keep internal investigations confidential.

According to employmentlawmatters.net, an Administrative Law Judge (ALJ) in 2011 found the following policies to be in violation of the NLRA:

  • Verbal rules prohibiting employees from discussing their wages with other employees
  • Requiring management’s authorization for distribution of literature during non-work time in non-work areas…

You can read more of the details regarding the NLRB’s position here.

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Dianne Shaddock

President and Founder at Easy Small Business HR
Get more tips on interviewing, hiring, managing and engaging your employees. Dianne Shaddock is the President of Easy Small Business HR, Employee Hiring and Managing Tips and the author of the eGuides, "How To Supervise:  What Your Boss Never Told You Before You Took the Job", A Step-By-Step Guide For New and Seasoned Managers and "How To Find and Hire the Best Employees".
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Latest posts by Dianne Shaddock (see all)

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Filed Under: Employment Law, Fair Labor Standards/FLSA, Managing Employees, Policies and Procedures, Supervisor Tips and Strategies Tagged With: employee handbook, National Labor Relations Act

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