New Guidance Shows How the NLRB Views Common Handbook Policies

March 25, 2019

The National Labor Relations Board (NLRB) has once again clarified whether certain types of employee handbook policies will violate federal labor law. Specifically, the NLRB took the position that: it is unlawful to require employees to keep employee handbooks confidential; when an employer allows employees to use its email system for work, the employer may not prohibit employees from using its email system for protected activities outside of working time; it is unlawful to prohibit employees from disclosing pay and benefits information; and an employer not prohibit employees from using cell phones during all “workinghours” (but the rule would be different if it referenced “workingtime”). We recommend all employers have SESCO review their Employee Handbook on annual basis to ensure compliance with all federal and state laws.