NLRB Ruling Further Clarifies Employer Handbook Standards

Law360 (November 15, 2019, 5:05 PM EST) -- Prior to December 2017, one of the most vexing issues facing employers was the National Labor Relations Board’s framework for evaluating whether facially neutral employment policies interfered with employee rights under the National Labor Relations Act. The board’s standard in such cases was almost impossibly vague, focusing on whether facially neutral handbook rules could be reasonably construed by employees to infringe on protected concerted activity.

In practice, this led to commonplace rules being reasonably construed as interfering with employee rights, as the board apparently believed that all employees interpreted employer policies with an eye toward federal labor law. Thus, common employer...

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