Legal Blog

Telebriefs®: National Labor Relations Board Makes Policy Changes to Clarify Acceptable Practice in Employee Handbooks

On June 6, 2018, the General Counsel of the National Labor Relations Board, Peter Robb, released a memo to all the National Labor Relations Board offices in the country addressing what an employer can and cannot do in its employee policies and handbooks. During Obama’s presidential term, the Board exercised ultra-close scrutiny in its analysis of handbook policies. Under the current regime, the Board has now divided all handbook policies and rules into three categories. Category one consists of rules that are generally lawful to maintain. Category two pertains to rules that may or may not be acceptable based on a case-by-case analysis. Category three entails all policies that are inherently illegal. These policy changes affect all employees, including those that are not unionized, because the National Labor Relations Act applies to all employees whether unionized or not. By following these categorical policies, employers can properly create, or revise, handbooks without facing possible legal risks by the Board. If you want to learn more about how to effectively apply lawful guidelines to employee handbooks, listen to this week’s Telebrief here.

Also in this week’s Telebrief: The First Amendment in relation to private employment.

Questions about employee handbook rules or other topics from this week’s Telebrief?

Contact Howard Kurman at or 410-209-6417.


About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!

If you have any problems registering for a pin, please contact Shaylah Koontz at


Howard Kurman | 410-209-6417

Howard K. Kurman is an employment attorney. 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. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.

You can connect with Offit Kurman via our Blog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to receive Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.