• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

4 more rules the NLRB says to cut from your handbooks now

employee handbook
Christian Schappel
by Christian Schappel
July 29, 2016
3 minute read
  • SHARE ON

The National Labor Relations Board (NLRB) has struck again in the name of protecting employees’ speech rights. 
We’re smack in the middle of a vicious cycle for employer policy making — the more the NLRB continues to broadly interpret the speech protections of the National Labor Relations Act (NLRA), the more labor charges it receives on the issue.
The result for employers: more communication policies are being tagged “illegal.”
On top of that, the NLRB’s rulings are binding for non-unionized employers as well as unionized shops. So everyone’s got to pay attention and heed its warnings.

What’s on the chopping block now?

The most recent policies to go through the NLRB’s shredder belonged to Casino Pauma, an Indian casino in Pauma Valley, CA.
After receiving a charge that the casino’s employee handbook contained overly broad rules, an NLRB administrative law judge struck down four of the casino’s policies.
They are:

  1. A rule against conducting personal business on casino property. Specifically, the part of the rule the NLRB had a problem with was the part that banned employees from being on casino property when they weren’t working. The judge said the rule “unlawfully restricts off-duty employees from engaging in protected activity [i.e., talking about working conditions]; and it prohibits protected activity during nonworking time.”
  2. A rule against solicitation and distribution. The rule banned all solicitation and distributions if the intended recipient expresses any discomfort or unreceptiveness. The judge said the rule was unlawful because it prohibited protected solicitation and distribution — i.e., talking about or distributing union materials.
  3. A rule requiring an online disclaimer. It required employees to use a company disclaimer if they posted content to any blog, website or social media site about work. The judge said the rule essentially hindered employees’ ability to participate in protected activity/speech. (Note: This was perhaps the least surprising of the smackdowns, since the NLRB had previously ruled against requiring employees to use similar disclaimers.)
  4. A rule to stop conflicts of interest. The rule required employees to receive the general manager’s written approval prior to soliciting employees, guests, suppliers or members from purchasing goods or services of any kind or to make contributions to any organizations, or to ask for support for any causes. The judge said the rule was unlawful because it required advance approval before employees could participate in protected solicitation.

The punishment

Thankfully for employers like Casino Pauma, the NLRB doesn’t have the power to issue fines for these types of violations of the NLRA.
The most common consequences for employers with policies deemed illegal:

  • rescinding such policies and rewriting them
  • posting notices of the changes in a public location
  • rescinding any disciplinary action against employees for violating those policies (including rehiring any terminated employees with back pay), and
  • clearing the names of offending employees.

In Casino Pauma’s case, the NLRB required it to rescind the unlawful language in its policies and handbook and republish the handbook without it. The judge said the casino could satisfy this requirement by supplying employees with handbook inserts explaining the corrective measures.
Cite: Casino Pauma and Unite Here International Union

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader