We recently blogged about the importance of having an employee handbook. Not only is the handbook a way for employers to protect themselves against lawsuits, it is also a way for them to showcase themselves to potential employees. Richard F. Griffin, Jr., General Counsel of the National Labor Relations Board (NLRB), issued a report on common employee handbook provisions. In the previous blog post, we suggested writing a custom employee handbook, but taking suggesting from the NLRB is definitely recommended for all of our business client.
This report specifically restricted employers from issuing policies or rules that “inhibit employees from engaging in activities protected by the act, such as discussing wages, criticizing management, publicly communicating about working conditions and discussing unionization.” Many employers have confidentiality policies that may be well-intentioned, but can be seen by the NLRB as over-intrusive and illegal. Although the NLRB report was lengthy and detailed, there were some clear “DON’Ts” that emerged from the documents:
- Do not prohibit employees from discussing “employee information.”
- Do not prohibit disclosure of “another’s confidential information.”
- Do not prohibit disclosure of “details about the employer.”
- DO not prohibit disclosure of all categories of “non-public information.”
Some of the things listed above may not specifically prohibit employees from taking collective action or freely expressing themselves, but the NLRB is concerned about anything that may dissuade an employee from acting. However, the NLRB is also aware of the rights of employers and how most employers are concerned about doing their best to protect their businesses. Due to this, there are confidentiality provisions that the NLRB has deemed legal:
- No unauthorized disclosure of “business ‘secrets’ or other confidential information.”
- “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [the Employer] is cause for disciplinary action, including termination.”
- “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”
One of the most important takeaways from the NLRB’s report is that employers have to be careful in what they imply with their words. There are some rules that are nested among others and may be seen as unnecessary or too prohibitive by an employee. However, the NLRB also understands an employer’s position. Therefore, an employers best bet is to steer clear of vague instructions in an employee handbook. We would recommend our business clients to stay up-to-date with the NLRB and update their employee handbooks accordingly.
Source referenced: Labor Sphere