The NLRB Wants to Review Your Employee Handbook: Should You Be Worried?

September 27, 2012

On September 19, 2012 Morgan Lewis presented a webinar which reviewed recent NLRB cases challenging a variety of employer policies.

Topics discussed included:

  • Overview of recent cases challenging at-will employment policies
  • Analysis of recent cases on confidential investigations
  • Challenges to mandatory arbitration agreements under D.R. Horton
  • Update on the NLRB's position on social media policies

The National Labor Relations Board (NLRB) is taking a more aggressive stance regarding policies applicable to nonunion workplaces. Recent cases before the NLRB involve allegations that social media, at-will employment, confidentiality, and other policies are unlawfully overbroad and chill speech that is protected under Section 7 of the National Labor Relations Act (NLRA), 29 U.S.C. § 157, even in the absence of any evidence that the policies have been enforced against employees who have engaged in union activity.

As the NLRB continues to reach out to nonunion employees and workplaces, employers - of both union and nonunion workers - should carefully review existing policies to determine whether they are at risk for challenge under the NLRA.

Jonathan Fritts
partner, Washington, D.C.

Ross Friedman
partner-elect, Chicago