Employee Handbooks Continue To Bring NLRB Scrutiny

The National Labor Relations Board (NLRB) has been cracking down on nonunion employee handbook policies after it was discovered that many of the policies contradict Section Seven of the National Labor Relations Act (NLRA), which states that all employees, regardless of their union status, may take part in "concerted activities for the purpose of collective bargaining or other mutual aid or protection."

Faegre Baker Daniels attorneys Cynthia Springer, Stuart Buttrick and Ryann Ricchio contributed to an article in Law360 in which they explained the details of the enhanced scrutiny, and discussed recent cases that have found several handbook policies unlawful under the NLRA. They stressed that with the NLRB fully staffed with appointees for the first time in years, employers of both union and nonunion employees should expect heightened NLRB scrutiny, and would be wise to consult with counsel before drafting or revising a handbook policy that could impact Section Seven rights.