NLRB targets at-will disclaimers, off-duty employee access

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in Employment Law,Human Resources

by Baker Wyche, Jimmie Stewart and John Merrell, Esqs., Ogletree Deakins

Recent months have seen the National Labor Relations Board (NLRB) take efforts to regulate employer activity in new and often unprecedented ways. Examples include restrictions on social media policies, confidentiality rules, solicitation rules and rules against harassment.

Two recent attacks include challenges to “at-will” statements and disclaimers in employee handbooks and restrictions on an employer’s right to limit access to its property by off-duty employees.

At-will disclaimers

In a recent speech, the NLRB’s Acting General Counsel (AGC) Lafe Solomon said that if an employee reads an at-will disclaimer and could reasonably believe that unionization and a valid collective bargaining agreement cannot alter his or her at-will status, the employee could interpret the statement to mean that unionization is futile. In that case, the at-will disclaimer mi...(register to read more)

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