NLRB Changes to Employee Handbooks in 2018


August 20, 2018


Matthew Burr

  1:00 PM ET | 12:00 PM CT | 10:00 AM PT | 60 Minutes

* Not able to attend the live session? We can arrange an on-demand session for You. Please call 1-951-801-2324

This program has been approved for 1.0 PDCs toward SHRM certification hours.
The program is pre-approved for 1 credit hour under HRCI


This training will focus on 2018 National Labor Relations Board changes to the board and changes to employee handbooks that can and will be impacted. With the change in legislation, we see a change in governance and employer accountability.

Learning Objectives

"Lawful civility rules might state, for example:
  • Behavior that is rude, condescending or otherwise socially unacceptable is prohibited.
  • Disparaging the company's employees is prohibited.
  • Employees may not post any statements, photographs, video or audio that reasonably could be viewed as disparaging to workers.
Rules against defamation or misrepresentation are generally allowed. Examples of such rules are:
  • Misrepresenting the company's products, services or employees is prohibited.
  • E-mail messages that are defamatory are prohibited.
  • Disorderly conduct on the employer's premises and/or during working hours for any reason is strictly prohibited."
  • Rules that protect confidential, proprietary and customer information are generally lawful under the new rules. No-photography rules and no-recording rules are viewed as generally lawful under the current memo issued in early June 2018.
"Provisions Warranting Individualized Scrutiny
  • Rules that may be subject to board scrutiny include:
  • Broad conflict-of-interest rules.
  • Confidentiality rules broadly encompassing "employer business" or "employee information."
  • Rules regarding disparagement or criticism of the employer.
  • Policies regulating use of the employer's name.
  • Rules restricting speaking to the media or third parties, as opposed to speaking to the media on the employer's behalf.
  • Policies banning off-duty conduct that might harm the employer.
  • Rules against making false or inaccurate statements, as opposed to defamatory statements.
Unlawful Rules
  • Unlawful rules include confidentiality rules regarding wages, benefits or working conditions.
  • The following confidentiality rules are unlawful:
  • Employees are prohibited from disclosing salaries and contents of employment contracts.
  • Workers shall not disclose any information pertaining to the wages, commissions, performance or identity of employees of the employer.
  • Employees are prohibited from disclosing to any media source information regarding employment at the employer, the workings and conditions of the employer, or any staff member."
Areas Covered in the Session:
  • Federal Laws
  • State Laws
  • Common Practices
  • State Regulations
  • Retention Period
  • Handbook language
  • Legal Issues
  • Communication
  • Why it is important
  • Relevance to your organization
Who can Benefit:
  • Human Resources Professionals
  • Small Business Owners
  • Non-Profit Administrators
  • General Managers
  • Payroll Professionals
  • Lawmakers
  • Accounting Professionals
  • Labor Unions

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