Two years back, the general counsel for the National Labor Relations Board (NLRB) issued a memo suggesting its primary focus would be on rigorous investigation of workplace policies that might unlawfully impede employees’ Section 7 rights under the National Labor Relations Act. It’s time for corporates and law firms to revisit their employee manuals in light of a new decision.
The protected activities under Section 7 of the National Labor Relations Act encompass organizing and joining a union and discussing the terms and conditions of an individual’s employment. The memo from NLRB indicated a shift that prompted many corporations to reconsider the phrasing and implications of their existing employee policies.
The question now is – Has your firm revised its employee handbook in line with the new decision from the NLRB?
Upon the original memo’s issuance, it sparked a landslide of legal disputes against corporations worldwide, leading many to revise their policies or face the consequences. The memo was intended as a measure to protect employees from any unlawful infringements by workplace policies on their rights to collective bargaining and other protected activities under the labor law.
Considering this new focus of the NLRB and their mandate to protect workers’ rights, a careful review of the corporate employee handbook becomes more crucial. All companies, large and small, need to ensure they are not unknowingly violating their employees’ rights.
For the corporations who have already undertaken the exercise of reviewing their policies, this might well be the time to revisit them. Are the modifications enough to safeguard them from impending legal scrutiny? Or do they still potentially infringe upon the rights established under Section 7 of the National Labor Relations Act?
Understanding these nuances of labor law is undoubtedly a tricky area, and seeking professional legal counsel might be the best route for many.
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