HR Connections Michigan 2016 - (Page 14)

Unlawful Employee Handbook Provisions T he Report of the General Counsel for the National Labor Relations Board ("NLRB") identifies several common employee handbook provisions that violate the National Labor Relations Act ("NLRA"). Since the NLRA also applies to private/non-unionized employers, even non-unionized companies should be encouraged to update their employee handbooks. Specifically, any provision that could be interpreted as chilling the ability of an employee to engage in concerted activity to improve working conditions may be illegal, according to the NLRB. My top list of handbook policies that will be scrutinized under the NLRB are as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. Social Media Video and Audio Surveillance Off-Duty Conduct Solicitation/Distribution Computer Usage Harassment Arbitration Confidentiality Non-Disparagement 10. Employee Conduct Toward Co-workers, the Company, Supervisors and Third Parties 11. Use of Company Logos, Copyrights, and Trademarks 12. Photography and Recording by Employees 13. Restrictions on Leaving Work 14. Conflicts of Interest 14 2016 MISHRM State Conference * Oct. 12-14 By James M. Reid, Attorney, Maddin Hauser Below are the top five provisions I recommend including in your employee handbook acknowledgement: 1. To prevent an employee from bringing claims that are not in his/her individual capacity (i.e. no class actions). 2. To require all claims to be arbitrated (to avoid jury trials and prevent the allegations from being in the public record) 3. To shorten the statute of limitations period to 180 days (except for Fair Labor Standards Act Claims) to bring a claim against the employer. 4. To allow the employees to be monitored. 5. To give the employer rights to modify the handbook at any time. All information including registration is online at:

Table of Contents for the Digital Edition of HR Connections Michigan 2016

Welcome Message
Save the Date – “THE FUTURE OF HR IS NOW”
This is THE PAGE!
Want More “On-Fire Employees?”
‘Reskill’ of HR Teams Starts with Senior Leadership Development
Engagement Survey vs. Satisfaction Survey
Unlawful Employee Handbook Provisions
Absenteeism in the Workplace: 7 Ways to Resolve this Bottom Line Killer
Index of Advertisers/

HR Connections Michigan 2016