Employee Handbooks Continue To Bring NLRB Scrutiny

Law360, New York (April 24, 2014, 5:13 PM EDT) -- In recent years, the National Labor Relations Board has dramatically increased its scrutiny of nonunion employee handbook policies and procedures, finding a number of them violate employees' rights under Section 7 of the National Labor Relations Act.

Section 7 provides that all employees — not just employees in labor unions — may engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." Because restrictions on Section 7 rights are rarely "explicit," the NLRB generally looks at whether: (1) employees would...
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