Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Guidelines in the National Labor Relations Act

Author: Scarinci Hollenbeck, LLC

Date: October 2, 2015

Key Contacts

Back

The National Labor Relations Board (“NLRB”) promulgated new guidelines regarding Section 7 and Section 8(a)(1) of the National Labor Relations Act

National Labor Relations Act

On March 18, 2015, The National Labor Relations Board (“NLRB”) promulgated new guidelines regarding Section 7 and Section 8(a)(1) of the National Labor Relations Act. These sections ensure that employees can discuss unfair or illegal practices with other employees or third parties. Particularly focusing on blanket prohibitions and compulsions, the NLRB 

General Counsel’s Memo on Handbook Rules (the “NLRB Memo”) addressed:

  • Confidentiality,
  • Conduct toward Employer,
  • Communication with Outside Parties,
  • Protection of Intellectual Property,
  • Leaving Work at Unauthorized Times, and
  • Conflict of Interest Rules.

Most employee handbooks contain these provisions. However, most handbooks do not demonstrate the nuance the NLRB now requires. For example, an employer cannot state, “Company logos and trademarks may not be used without written consent.” Rather the employer should state:

Respect all copyright and other intellectual property laws. For [the Employer’s] protection as well as your own, it is critical that you show proper respect for the laws governing copyright, fair use of copyrighted material owned by others, trademarks and other intellectual property, including [the Employer’s] own copyrights, trademarks and brands.

This more detailed approach provides employees a clearer understanding of an employer’s intentions and the employee’s rights.

Employees may not leave work at unauthorized times

The NLRB Memo emphasizes that the more general the provision, the more scrutiny it will encounter. Simply stating “Employees may not leave work at unauthorized times;” “Employees may not solicit other employees or distribute literature;” or “Be respectful of others and the Company” is no longer proper because such statements are too broad in scope. That is, while an employer’s intention may be valid, employees might think that they cannot take action that they could lawfully take.

Recently, the NLRB determined in a 2-1 decision that a blanket confidentiality agreement contained in Boeing’s handbook violated the Section 7 rights of its employees. Making the decision worrisome for most employers is the extent that the NLRB determined the clause invalid. Boeing had previously changed the confidentiality clause from mandatory language to suggestive language. It no longer “required” but “recommended” that an employee not discuss confidential information. The NLRB found this suggestion to be contextually identical to a mandatory provision, concluding that employees were not truly free to disagree with the recommendation. Thus, the NLRB’s policy shift is not a matter of changing tone. Instead, the NLRB Memo seeks a more nuanced drafting of prohibitions and compulsions to strike a clear balance between employer and employee rights.

The broader effect of this ruling is still uncertain. However, it shows that the NLRB is enforcing the new guidelines. Because most employee handbooks probably contain these overbroad restrictions, we recommend employers review or revise their handbooks to protect their interests without infringing on their employees’ rights.

###

Additional information and resources:

Labor and Employment Law Group: https://scarincihollenbeck.com/practices/labor-employment/

Employers Won’t “Like” the NLRB’s Latest Social Media Decision:

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
SECURE 2.0 RMD Planning Strategies post image

SECURE 2.0 RMD Planning Strategies

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]

Author: Marc J. Comer

Link to post with title - "SECURE 2.0 RMD Planning Strategies"
Buying Commercial Property in New Jersey: Legal Guide for Small Businesses post image

Buying Commercial Property in New Jersey: Legal Guide for Small Businesses

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]

Author: Robert L. Baker, Jr.

Link to post with title - "Buying Commercial Property in New Jersey: Legal Guide for Small Businesses"
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!