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Expert Analysis

NLRB Goes Negative On Positive Behavior Work Policies

Law360, New York (May 2, 2014, 2:30 PM EDT) -- The National Labor Relations Board continues its close scrutiny of workplace policies that govern employee behavior. According to Hills and Dales General Hospital, 360 NLRB No. 70 (April 1, 2014), workplace policies banning "negativity" and "negative comments" are illegal. Going further than its previous rulings, the NLRB also struck down a policy requiring employees to "represent Hills & Dales in the community in a positive and professional manner in every opportunity." Although the policies were designed to create a better work culture, improve employee morale and client service, the NLRB found that they could chill protected activity under the federal labor laws....

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