New NLRB Guidance on Employee Handbooks: Complying With New Rules After the Boeing Decision

01:00 PM ET | 10:00 AM PT | 12:00 PM CT Duration 60 Minutes

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NLRA but also what types of items we should be including in our employee handbooks

Description

Writing effective Handbooks is one of the most overlooked areas of a company. However for a while the language found in handbooks could create liability for companies. That seemed to change in December 2017 when the NLRB issued its decision in Boeing. But since then employers have faced significant confusion about how the Board would evaluate workplace policies under the NLRA and how to place workplace rules into the three categories defined in the decision. On June 6, 2018, the general counsel of the NLRB published guidance on how the Boeing standard should be applied. We gained tremendous insight into not only what is acceptable under the NLRA but also what types of items we should be including in our employee handbooks.

Why should you attend

The Boeing decision is a significant departure from the prior standard for evaluating the lawfulness of workplace rules as it uses a two-part test that balances a worker’s NLRA rights against the employer’s legitimate business justifications for the rule. Boeing also set forth a categorizing system labeling workplace rules as either Category 1 (rules that are generally lawful to maintain), Category 2 (rules requiring individualized scrutiny), or Category 3 (rules that are unlawful to continue). Even with this framework, there remains a great deal of room for subjectivity and nuance when evaluating handbook rules under the Boeing standard.

Areas Covered

  • Practical tips on review and update existing employee handbooks—don’t simply rely on online versions
  • What Boeing and the NLRB 2017 decisions tried to correct
  • Overview of the Boeing decision and its resultant test for determining whether workplace policies violate the NLRA
  • Discussion of the NLRB’s 2018 guidance and clarification of Boeing
  • What to expect from the NLRB in applying the Boeing test to contested workplace rules
  • Practical guidance for employers on how to evaluate, modify, or justify handbook rules and policies in light of the new test and rule-categorization system

Who will Benefit

  • In-House Counsel
  • Compliance Officers
  • Human Resources
  • CFOs
  • Executives
  • Business owners
  • Office managers
  • Company presidents
  • General counsel

Industries who can attend

This 60-minute online course is intended for professionals in the All industries and companies


Speaker Profile

Stuart Silverman

Stuart Silverman has been practicing law for over 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

He focuses on helping businesses by taking a proactive approach to their employment and business law needs, and provide assistance with compliance on workforce issues, employment handbooks and policies, employee contracts, non-competition, and non-solicitation agreement, partnership agreements, shareholder agreements, contracts and buyouts and severance issues and commercial leases.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute ("WPVI") a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence and school violence, specifically violence caused by employees or former employees or former students. Through tailoring results to each company, each workplace can take simple proactive preventive measures can go a long way to prevent an episode of workplace violence.

He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for th

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