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
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"
Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision post image

Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision

Tabakin and Team Advance the Footprint of Scarinci Hollenbeck’s Labor & Employment, Litigation, Real Estate, Land Use, and Public Law Practice Throughout New Jersey Scarinci Hollenbeck announced the addition of Mark Tabakin and his team of six attorneys, significantly strengthening the firm’s Labor & Employment, Litigation, Land Use, and Environmental practices for private and public […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Mark Tabakin and 6-Attorney Team Join Scarinci Hollenbeck, Advancing Statewide Vision"
Scarinci Hollenbeck Launches 2026 Summer Associate Program post image

Scarinci Hollenbeck Launches 2026 Summer Associate Program

Rutgers and Seton Hall Law Students Join the Firm’s 8-Week Summer Associate Program. May 27th, 2026 – Little Falls, NJ – Two law students will join Scarinci Hollenbeck’s 2026 Summer Associate Program, which begins Monday, June 1st. Both students will assist with all aspects of the firm’s practice groups throughout their 8-week internship. They will […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Launches 2026 Summer Associate Program"
Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers post image

Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers

Three Scarinci Hollenbeck NYC Attorneys Earn Prestigious Honor Legal rankings publisher Super Lawyers has named three lawyers from Scarinci Hollenbeck’s New York office to its 2026 New York Metro Super Lawyers list. The firm congratulates Ryan O. Miller, Angela A. Turiano, and John D. Giampolo for this notable accomplishment. The Super Lawyers patented selection process […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Attorneys Named 2026 New York Metro Super Lawyers"
Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate post image

Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate

Firm Continues Investment in Business Law, Bankruptcy & Restructuring, Litigation, and Real Estate to Meet Evolving Client Demands Scarinci Hollenbeck new partners John D. Giampolo and George A. McGowan, III are joining the firm, alongside Counsel Graham K. Staton and Senior Associate Amanda M. Kronemeyer. The four additions reflect Scarinci Hollenbeck’s continued investment in the […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Scarinci Hollenbeck Deepens Legal Talent with Strategic Additions of Two Partners, Counsel, and Senior Associate"
Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate post image

Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate

GlobeSt editors recognize Scarinci Hollenbeck partner as one of the most accomplished and influential leaders in NYC commercial real estate Scarinci Hollenbeck, LLC is pleased to announce that Ryan O. Miller, Partner in the firm’s New York office and a leading voice in NYC commercial real estate, has been selected by the editors of GlobeSt […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Ryan O. Miller Named 2026 GlobeSt Influencer in Retail Real Estate"

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!