Legal Blog

Telebriefs®: NLRB Attorney’s Advice Memo Problematic for Employers

employeebook2On March 18th, Richard Griffin, the General Counsel of the National Labor Relations Board (“NLRB”) issued an advice memorandum in which he ostensibly differentiated between employee handbook provisions that he deemed to be permissible, as opposed to those provisions that he found to be impermissible under Section 7 of the National Labor Relations Act (the “Act”). Section 7 provides that employees have the right to engage in collective activity and discussions related to wages, hours and terms and conditions of employment. Griffin’s 30 page memo touches on several broad categories of handbook provisions and provides what he characterizes as helpful guidance on such issues as confidentiality clauses, restrictions on photography and recording of images in the workplace, and employee contact with third parties. Mr. Griffin’s memo is, in fact, problematic from a number of perspectives, not the least of which is that employers may find it very difficult to discern the difference between perceived permissible clauses and those which are deemed to be violative of the Act. This controversial memo should be reviewed with your employment counsel to ascertain whether changes need to be made to your handbook provisions. If you have a question about the memo or any matter related to employee handbooks, and you would like to speak with one of Offit Kurman’s Labor and Employment attorneys, click here. To read more or to listen to the March 25th Telebrief®, or to listen to past installments, please click here.  


Geared to executives with employee relations responsibilities (HR directors, supervisors, managers, business owners), Labor and Employment Telebriefs® are information-packed 30 minute briefings via the telephone. Telebriefs® provide information and insights to help executives stay current with latest workplace law developments and in front of trends so as to enable proactive policy making and management . On the 2nd and 4th Wednesday of each month, from 9 – 9:30 am ET, join Offit Kurman Labor & Employment Chair Howard Kurman, as he discusses developments occurring over the past two weeks that will most significantly impact employers nationwide. The focus is squarely on the practical. Why is this event significant for employers? What are the lessons to be learned or actions taken? These twice-monthly teleconferences are an easy way to stay current and compliant with the latest Labor and Employment law developments that will significantly affect you and your company.  Our guarantee: You will learn something useful, on every call! If you have any questions regarding  labor and employment issues please contact Howard Kurman: | 410.209.6417


Howard Kurman website Howard K. Kurman is Chair of the firm’s Labor & Employment Department. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace.

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