11 Employment Policies You Might Think Are Legal But the NLRB Might Not

Social Media, Personal Electronic Devices and Confidentiality Policies Explained – Work rules and employee handbooks are under increasing scrutiny as the National Labor Relations Board (NLRB) continues its sweeping enforcement effort against rules deemed overbroad and infringing on an employee’s Section 7 rights, says a new XpertHR white paper on NLRB policies and handbook provisions. Merely having an unlawful policy “on the books” may be sufficient for the NLRB to find an employer in violation of the National Labor Relations Act (NLRA)—even if the policy is well intentioned or not enforced—especially if it has a “chilling” effect on an employee’s protected activity.

“Employment policies and employee handbooks are a critical and effective way for employers to convey to employees the manner in which they should conduct themselves in the workplace,” says Melissa Gonzalez Boyce, Legal Editor, XpertHR.  “However, even an employer’s well-intentioned rules that prohibit employees from engaging in protected conduct, or that prohibit such activity, are unlawful.”

The following are 11 policies employers must review to determine whether they run afoul of the NLRB’s recent guidance:

  1. Social Media Policy
  2. Policies Restricting Photography, Recording and Personal Electronic Devices
  3. No Distribution/No Solicitation Policy
  4. Confidentiality Policy
  5. Employee Conduct Towards Management
  6. Employee Conduct Toward Coworkers
  7. Policies Regulating Employee Conduct Toward Third Parties
  8. Policies Restricting Use of Company Logos, Copyrights and Trademarks
  9. Policies Restricting Leaving Work
  10. Conflict of Interest Policies
  11. Handbook Disclosure Provisions

A free white paper explaining lawful/unlawful employment policies is available from XpertHR.com.