Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm News

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
Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law post image

Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law

Scarinci Hollenbeck Congratulates Environmental Law Scholarship Recipient Talha Iqbal! Scarinci Hollenbeck, LLC has awarded the second annual Theodore A. Schwartz Scholarship for Environmental Law to Talha Iqbal, a rising third-year student at Rutgers Law School in Newark. Mr. Iqbal will receive $2,500 to support his continued legal education. The Environmental Law Scholarship is awarded annually […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Awards Second Annual Theodore A. Schwartz Scholarship for Environmental Law"
Scarinci Hollenbeck Adds Four Litigation Attorneys Across New Jersey and New York post image

Scarinci Hollenbeck Adds Four Litigation Attorneys Across New Jersey and New York

Two Partners, a Counsel, and a Senior Associate Deepen the Firm’s Litigation Bench in Little Falls, Red Bank, and New York City Following last month’s announcement that eight attorneys joined the firm, Scarinci Hollenbeck, LLC continues its expansion, this time strengthening its Litigation Group. The firm welcomes Paul S. Grossman and Jay R. McDaniel as […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Adds Four Litigation Attorneys Across New Jersey and New York"
Scarinci Hollenbeck’s Robert E. Levy Served as Counsel to NJSIAA in Championship Revocation Decision post image

Scarinci Hollenbeck’s Robert E. Levy Served as Counsel to NJSIAA in Championship Revocation Decision

Unanimous Controversies Committee ruling addresses the scope of an athletic association’s disciplinary authority and the procedural standards governing its exercise. Scarinci Hollenbeck, LLC announced today that Partner Robert E. Levy served as counsel to the New Jersey State Interscholastic Athletic Association (NJSIAA) in the proceedings that resulted in the revocation of the 2025 regional and […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck’s Robert E. Levy Served as Counsel to NJSIAA in Championship Revocation Decision"
Mark Tabakin, Donald Scarinci and Don Pepe, Named to NJBIZ's 2026 Power 50 in Law List post image

Mark Tabakin, Donald Scarinci and Don Pepe, Named to NJBIZ's 2026 Power 50 in Law List

Scarinci Hollenbeck Congratulates Partners Mark Tabakin, Donald Scarinci, and Don Pepe for Inclusion in NJBIZ’s 2026 Power 50 in Law List Scarinci Hollenbeck, LLC is proud to announce that Donald Scarinci, Founding & Managing Partner, Donald M. Pepe, Partner of the firm’s Commercial Real Estate Department, and Mark A. Tabakin, Partner in the firm’s Public […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Mark Tabakin, Donald Scarinci and Don Pepe, Named to NJBIZ's 2026 Power 50 in Law List"
Scarinci Hollenbeck Named a 2026 Best Place to Work in New Jersey by NJBIZ post image

Scarinci Hollenbeck Named a 2026 Best Place to Work in New Jersey by NJBIZ

Scarinci Hollenbeck, LLC has been named to the NJBIZ 2026 Best Places to Work in New Jersey, earning recognition in the Medium Companies category (50 to 249 employees). Now in its latest edition, the annual program honors New Jersey organizations that go beyond the paycheck to invest in their employees’ growth and quality of life. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Named a 2026 Best Place to Work in New Jersey by NJBIZ"
Angela A. Turiano and Seraphema Menna Elected to New Jersey Women Lawyers Association Board of Directors post image

Angela A. Turiano and Seraphema Menna Elected to New Jersey Women Lawyers Association Board of Directors

Two Scarinci Hollenbeck Attorneys Selected as Committee Directors for the 2026-2028 Term Scarinci Hollenbeck is pleased to announce that two of its attorneys, Angela A. Turiano and Seraphema Menna, have been elected to the New Jersey Women Lawyers Association (NJWLA) Board of Directors for the 2026-2028 term. Angela was selected as a Director on the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Angela A. Turiano and Seraphema Menna Elected to New Jersey Women Lawyers Association Board of Directors"

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.
“If you would like to submit a file, please email it directly to info@sh-law.com.

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