Human Resource & Labor News
www.agc.orgApril 10, 2015 / Issue No. 02-15
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On the Inside
HR Training
Save The Date: Construction HR & Training Professionals Conference Set for Oct. 7-9 in St. Louis, MO
AGC to Host Webinars on E-Verify & Form I-9 Compliance April 28 & 29
Labor Relations
How to Prepare for New “Quickie Election” Rule Covered at AGC Convention
Building Trades President McGarvey Shares Views and Priorities at AGC Convention
NLRB Issues Guidance Concerning Employee Rules
Wages & Benefits
Labor Department Publishes Videos on Davis-Bacon Wage Survey Process and Form, Plans More Survey Briefings
IRS Releases Final Instructions, Forms for Employer Information Reporting Requirements Under Health Care Law
Affordable Care Act Cadillac Tax Questions Answered
AGC Submits Comments on Multiemployer Pension Reform Implementation
EEO
Supreme Court Questions Employer's Light Duty Policy in Pregnancy Discrimination Case
Definition of Spouse Expanded Under FMLA, Halted in Four States by Federal Judge
OFCCP Creates LGBT Resources for Federal Contractors
NLRB Issues Guidance Concerning Employee Rules
 

On March 18, 2015, the general counsel for the National Labor Relations Board (NLRB or Board) issued a Report Concerning Employer Rules.  The report was issued in an effort to provide guidance on the use of employer rules as they relate to the National Labor Relations Act (NLRA).  Using a few of the most frequently litigated employee handbook rules, the report includes several examples of common employee handbook policies and why the Board may or may not find those policies to be lawful.  Both union and non-union employers may find this information useful, as both are subject to the NLRA. 

The first part of the report address the legality of employer rules pertaining to the following topics:

  • Confidentiality;
  • Employee conduct;
  • Third-party communications;
  • Restricting, banning or protecting the use of company logos, copyrights and trademarks;
  • Restricting photography and recordings, and related equipment;
  • Restricting employees from leaving work; and
  • Conflicts-of-interest.

The second part of the report discusses rules from a Wendy’s International LLC handbook that the Board deemed unlawful along with revised, lawful rules that Wendy’s adopted under a settlement agreement with the Board.

Employers are advised to carefully review their handbooks to ensure that all of their workplace policies comply with the Board’s current guidance.  Because of increased NLRB scrutiny of such matters and the often blurry line between lawful and unlawful rules, consultation with a qualified labor attorney may be in order.

For information related issues, visit AGC’s Labor & HR Topical Resources web page.  The primary category is “Unions/NLRA” and the subcategory is “Protected Concerted Activity.”
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