NLRB's Scrutiny Of Employment At-Will Disclaimers

Law360, New York (August 1, 2012, 2:39 PM EDT) -- Recently, the National Labor Relations Board (NLRB, or the board) has taken yet another step in a series of activist measures intended to aggressively ensure that employees’ rights to engage in protected concerted activities are preserved.

In addition to the current controversies arising out of mandatory notice posting requirements regarding employees’ rights to form and join labor unions and the NLRB acting general counsel’s aggressive stance regarding employers’ restrictions on employees’ use of social media[1], apparently the NLRB now has in its sights “at-will” employment disclaimers typically found in employee handbooks.

Provisions requiring employees to acknowledge that their employeement is “at-will”...

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