Following the issuance of a general counsel memo approving common handbook provisions, employers may expect the National Labor Relations Board (NLRB) to subject their employee handbooks to less scrutiny than in recent years.
The memo outlined three categories of rules: rules that are generally lawful, provisions warranting individualized scrutiny and rules that are unlawful. Most of the rules mentioned in the memo were deemed to usually be lawful.
Phillip Wilson, president and general counsel of the Labor Relations Institute said the pendulum at the NLRB has been swinging back and forth from administration to administration, so employers may choose to keep the policies they have for the sake of stability, in case the pendulum ever swings back.
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