Employee Handbooks Audits in 2024 by the NLRB
On August 2, 2023, the National Labor Relations Board (NLRB) implemented a new standard for evaluating whether workplace rules impinge on employees' rights under Section 7 of the National Labor Relations Act (NLRA). This new standard requires employers to carefully consider their corporate policies, particularly those concerning matters such as worksite cameras, social media usage, and workplace behavior, in light of recent developments.
In the Stericycle case, an administrative law judge found the employer in violation of the NLRA due to certain policies regarding personal conduct, conflicts of interest, and confidentiality of harassment complaints. The NLRB's adoption of a new standard necessitates a reevaluation of workplace rules. Under this standard, if an employee could reasonably interpret a rule as coercive, the NLRB may find it to have a chilling effect on employees' exercise of their NLRA rights.This decision impacts various aspects of corporate policies, including codes of conduct, Employee Handbook policies, nondisclosure agreements, confidentiality agreements, policies on respectful conduct, and those governing social media usage.
Employers must review and potentially amend their Employee Handbook policies to align with the new NLRB rules and prevent allegations of violating laws concerning concerted activity. The NLRA safeguards the rights of both unionized and non-union employees, making it crucial for companies to understand how changes at the NLRB could affect their operations. Taking proactive measures to revise policies now can help ensure compliance and mitigate legal risks in the future.
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
Instructor
Margie Faulk is a senior level human resources professional with over 15 years of HR management and compliance experience. A current Compliance Advisor for HR Compliance Solutions, LLC, Margie, has worked as an HR Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors. Margie has provided small to large businesses with risk management strategies that protect companies and reduces potential workplace fines and penalties from violation of employment regulations. Margie is bilingual (Spanish) fluent and Bi-cultural. Margie’s area of expertise includes Criminal Background Screening Policies and auditing, I-9 document correction and storage compliance, Immigration compliance, employee handbook development, policy development, sexual harassment investigations/certified training, SOX regulations, payroll compliance, compliance consulting, monitoring US-based federal, state and local regulations, employee relations issues, internal investigations, HR management, compliance consulting, internal/external audits, and performance management. Margie is a speaker and accomplished trainer and has created and presented compliance seminars/webinars for over 16 US and International compliance institutes. Margie has testified as a compliance subject matter expert (SME) for several regulatory agencies and against regulatory agencies, thank goodness not on the same day. Margie offers compliance training to HR professionals, business owners, and leadership to ensure compliance with workplace and regulations. Margie’s unique training philosophy includes providing free customized tools for all attendees. These tools are customized and have been proven to be part an effective risk management strategy. Some of the customized tools include the I-9 Self Audit. Correction and Storage program, Ban the Box Decision Matrix Policy that Employers can provide in a dispute for allegations, Family Medical Leave Act (FMLA) Compliance Guide, Drug-Free Workplace Volatile Termination E-Book and other compliance program tools when attendees register and attend Margie’s trainings. Margie holds professional human resources certification (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management. Margie is a member of the Society of Corporate Compliance & Ethics (SCCE).
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