The
The NLRA and Concerted Activity. The NLRA, as enforced by the
The
In light of the Stericyle decision and the new standard it establishes, employers should review their policies, including those policies concerning:
A. Confidentiality and Anti-harassment. Confidentiality requirements in all policies should be reviewed to ensure they are narrowly drafted to address the specific business need for maintaining the information's confidentiality. An anti-harassment policy likely violates the
B. Personal Conduct. The NLRA does not protect employees who maliciously or intentionally harm their employer's business or reputation. However, policies broadly restricting conduct which may impact their employer's reputation are subject to challenge.
C. Conflict of Interest. Policies which attempt to restrict employee behavior because such behavior may adversely reflect on the employer may be overbroad. These types of policies must be narrowly drafted and should include specific examples of prohibited conduct. Policies which could be interpreted as restricting an employee's right to publicly complain are subject to greater scrutiny under the new
D. Email. An employer is entitled to protect its computer network from viruses and hackers but employees may use work email to engage in protected concerted activity while on break. If an employer grants employees access to email during working time this can also include the right to use the email for protected activity during non-working time.
E. Personal Electronic Devices (Cellphones):Recordings and Cameras. Policies restricting the use of recording devices and cameras are subject to additional scrutiny after the Stericyle decision. Enforcement of policies prohibiting cameras, recording devices, and cell phones will depend upon the employer's industry and the context of the rule. For example, if national security issues, intellectual property preservation concerns, or the specific circumstances of a work environment justify the policy then those issues and concerns should be identified in the policy. General prohibitions in non-secure areas or during breaks may not be justified under the
An employer's defense of the challenged policy. If the
Recommendations. When considering the implications of the NLRA, consider whether a policy can be read to prohibit an employee from engaging in concerted protected activity. Must employees refrain from discussing their working conditions? Which information must employees keep confidential? Which employees have email accounts and are they prohibited from using the email at all times and for all purposes other than in the performance of their job duties?
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
Mr
Pray Walker
Suie 400
74120
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