Professional Service Agreement

NLRB Weighs in on Confidentiality, Personal Use of Company Email, and Other Workplace Policies

April 22, 2019

The National Labor Relations Board (NLRB) has once again clarified whether certain types of employee handbook policies will violate federal labor law. Specifically, the NLRB took the position that: it is unlawful to require employees to keep employee handbooks confidential; it is unlawful to prohibit employees from disclosing pay and benefits information; when an employer allows employees to use its email system for work, the employer may not prohibit employees from using its email system for personal use of the email system during non-working time, unless they can show “special circumstances” necessary to maintain production and discipline; and an employer may not prohibit employees from using cell phones during all “working hours” (but the rule would be different if it referenced “working time”). We recommend all employers have SESCO review their Employee Handbook on annual basis to ensure compliance with all federal and state laws.