Details
On August 2, 2023, the
National Labor Relations Board (NLRB) adopted a new burden-shifting standard
for evaluating whether work rules infringe upon employees' rights under Section
7 of the National Labor Relations Act (NLRA)—
Employers will need to
think carefully about how to defend some of their corporate policies, such as
ones about cameras at a worksite, social media use, and appropriate workplace
conduct, in light of a recent decision by the National Labor Relations Board
(NLRB).
In Stericycle, an
administrative law judge found that the employer violated the NLRA by
maintaining certain policies for its employees that addressed personal conduct,
conflicts of interest, and confidentiality of harassment complaints. The NLRB
announced a new standard for whether work rules violate the NLRA and sent the
case back to the judge to consider the ruling in light of the new standard.
Under that standard, if
an employee could reasonably interpret the work rule to have a coercive
meaning, the NLRB general counsel would have met her burden to prove that the
rule has a reasonable tendency to chill employees from exercising their NLRA
rights.
A code of conduct or other Employee Handbook policies will certainly be
impacted by this decision. Other impacted policies would be nondisclosure
agreements, confidentiality agreements, any policies requiring respectful
conduct, or policies regulating social media use.
Learn how Employers should review and make changes to their Employee
Handbook policies to comply with the NLRB Rules and avoid allegations of
violations of Concerted Activity Laws.
The NLRB enforces the National Labor Relations Act, which
gives both unionized and non-union employees certain rights in the workplace. Find
out how the changes at the NLRB may affect your company and why you might want
to start making changes in your Employee Handbook now.
Session Highlights:
·
Learn how the NLRB impacts Employee Handbooks and Why
We Should care.
·
Learn how the NLRA and the NLRB impact employee
handbook policies and how the NLRB interprets the policies by Employers.
·
Learn how concerted activity is a critical protection
impacted by the Employee Handbook policies.
·
Learn how
creating an effective Employee Handbook will help Employers mitigate
federal, state, local, and NLRB requirements
·
Learn how the Boeing & Stericycle case decisions
will impact how Employers will interpret NLRB enforcement.
·
Learn what Role the NLRA and the NLRB have on non-union employees.
·
Learn how employees can have leverage over Employers
based on Employee Handbook policies on disciplinary actions involving employee
workplace behaviors.
·
Learn what policies are at risk of violating the new
NLRB Laws
·
Learn how you can prepare for the changes before you
are violated for non-compliance.
·
Learn which policies should be revised immediately.
·
Learn how training of HR/Managers/Supervisors will impact
the company effectively and should be mandated as part of the policy changes
Why You Should Attend:
Employers should also "immediately
review their policies and handbooks to determine if any of their existing
policies could reasonably be interpreted by employees as chilling their right
to engage in concerted activities and consider adding disclaimers that the
policies are not intended to restrict employees' rights under the NLRA.
The new rule applies
retroactively, so even those employee handbooks drafted and implemented before
the Stericycle decision are subject to this heightened level of scrutiny.
The NLRA protects "concerted
activities" that employees engage in to improve working conditions. What
is Concerted Activity and Why Should Employers Care?
Protected Concerted Activity is a
legal term used in labor policy to define employee protection against employer retaliation
in the United States. The term defines the activities workers may partake in
without fear of employer retaliation.
Who Should Attend:
·
All Private Employers
·
Business
Owners
·
Company
Leadership
·
Compliance
professionals
·
HR Professionals
·
Managers/Supervisors
·
Private Employers in
all industries
·
Small Business Owners
·
Large
Business Owners
Credits
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JIT Trainings is recognized by SHRM to offer Professional Development Credits (PDCs) for SHRM-CP® or SHRM-SCP® recertification activities.
Margie Faulk
F.A.Q
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Recorded$ 155
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E-transcript$ 165
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Recorded + E-transcript$ 175
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Recorded with Copyright$ 185
