Practice Areas
Unlawful Employee Handbook Provisions
By: JAMES M. REID

The Report of the General Counsel for the National Labor Relations Board (“NLRB”) identifies several common employee handbook provisions that violate the National Labor Relations Act (“NLRA”). Since the NLRA also applies to private/non-unionized employers, even non-unionized companies should be encouraged to update their employee handbooks in accordance with the attached guidance.

In summary, any handbook provisions that could be interpreted as chilling the ability of an employee to engage in concerted activity to improve working conditions may be unlawful. Handbook provisions that are written broadly or lack specific examples of permitted/prohibited conduct are typically unlawful according to the Report of the General Counsel of the NLRB.

For additional details on this topic, please see my NLRB Symposium Outline and the Report of the General Counsel of the NLRB.
 
 

This article was written by JAMES M. REID, a shareholder of the law firm of Maddin, Hauser, Roth & Heller, P.C. located in Southfield, Michigan. He can be reached at (248) 351-7060 or jreid@maddinhauser.com.