Hazardous Handbooks

Law360, New York (May 16, 2007, 12:00 AM EDT) -- The United States Court of Appeals for the District of Columbia Circuit recently held in two decisions that a number of fairly commonplace employee handbook provisions violated the National Labor Relations Act (NLRA). Cintas Corporation v. NLRB, 2007 U.S. App. LEXIS 6075 (DC Cir. 2007); Guardsmark LLC v. NLRB, 475 F.3d 369 (DC Cir. 2007).

The policies at issue were found unlawful even though they contained neutral language and were never intended or enforced to prohibit employees from engaging in protected labor activities. Employers should review...
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