#4: Watch out for concerted activity
Did you know that employee handbook rules, even “well-intentioned” ones, are unlawful if they would inhibit employees (whether union or non-union) from engaging in activities protected by the National Labor Relations Board (NLRB)?
According to Patricia Anderson Pryor, who presented the “Top 10” session* at SDA’s EDSymposium16, the rules most frequently reviewed by the NLRB are:
- Confidentiality – Generally
- Confidentiality of Investigations
- Solicitation/Distribution
- Speaking to the Media
- At-will employment policies and at-will acknowledgements
- Insignia and dress code
- Recordings
- Harassment
- On-duty Conduct
- Off-duty Conduct
- Chain of Command
- Off-duty Access
- Communications Systems
- Social Media
- Union-free Rules
- Handbook Receipts and Acknowledgements
- Fraternization
- Bulletin Boards
Pryor also mentioned that words like disparaging and respectful in policy manuals can cause problems. If you want your employees to act “respectful,” add that word to your firm’s values instead of including it in your employee handbook.
*Jackson Lewis P.C. prepared the materials contained in this presentation for the participants’ reference and general information in connection with education seminars presented by the firm and its attorneys. Attendees should consult with counsel before taking any actions that could affect their legal rights and should not consider these materials or discussions about these materials to be legal or other advice regarding any specific matter.
