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HR Tip: NLRB General Counsel issues guidance on employer handbook rules

On June 6, 2018, the National Labor Relations Board General (NLRB) Counsel issued GC Memorandum 18-04, Guidance on Handbook Rules Post-Boeing. The guidance groups the rules into three categories: Category 1 rules are generally lawful, Category 2 rules require an evaluation of the rule on a case-by-case basis using the Boeing standard, and Category 3 rules are unlawful to maintain.

Category 1

During the Obama period, the NLRB was very strict in interpreting employee handbook policies for union and non-union employers. Many rules that would have been scrutinized by the Board are now generally lawful, including:

Category 2

These rules require individualized scrutiny under the Board's Boeing framework:

Category 3

These rules are specifically banned:

As a best practice, employers should always seek legal counsel when revising its employee handbook.