Employee Handbooks: Civility Rules and the NLRB, policies developed to govern workplace conduct

Mark Theodore
Joshua S. Fox
Elizabeth Daily
Mark Theodore | Proskauer
Joshua S. Fox | Proskauer
Elizabeth Daily | Proskauer

On-Demand: January 19, 2021

Employee Handbooks: Civility Rules and the NLRB, policies developed to govern workplace conduct
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Program Summary

Responsible employers develop policies to govern workplace conduct. Such policies are embodied in handbooks and other documents which help employees understand expectations and the consequences of failing to meet those expectations. The vast majority of employers draft these policies using common-sense practicality and may even seek legal review. However, many employers do not consider how their policies might be viewed by the National Labor Relations Board, a relatively obscure federal governmental agency. Over the past 20 years, many employer policies have been attacked as unlawful before the NLRB. In turn, the NLRB has found seemingly innocuous policies to be unlawful even when the goal, and language of the policy, have nothing to do with employee rights under the National Labor Relations Act. This course discusses the constantly changing law, the consequences of a violation, and provides important information about maintaining lawful handbook policies governing workplace conduct.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

  • NLRA – a review of employee rights under Section 7 of the ACT
  • How employee rights have been viewed through the lens of employer policies
  • How the NLRB has treated these policies and the consequences of finding a violation

Date / Time: January 19, 2021

  • 2:00 pm - 3:00 pm Eastern
  • 1:00 pm - 2:00 pm Central
  • 12:00 pm - 1:00 pm Mountain
  • 11:00 am - 12:00 pm Pacific

Choose a format:

Live Video Broadcast/Re-Broadcast: Watch Program "live" in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for "live" CLE credit.
On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 Business days after the original recording date and are view-able for up to one year.
Closed-captioning available upon request


Mark Theodore_myLawCLEMark Theodore | Partner | Proskauer

Mark Theodore is a partner in the Labor & Employment Law Department. He has devoted his practice almost exclusively to representing management in all aspects of traditional labor law matters throughout the U.S. He is Co-Chair of Proskauer’s Labor-Management and Collective Bargaining Practice Group.

Joshua S. Fox_myLawCLEJoshua S. Fox | Associate | Proskauer

Joshua S. Fox is an associate in the Labor & Employment Law Department and a member of the Sports, Labor-Management Relations, Class and Collective Actions and Wage and Hour Groups


Elizabeth Daily_myLawCLEElizabeth Daily | Associate | Proskauer

Elizabeth Dailey is an associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group.


I. NLRB and NLRA Background | 2:00-2:15

a. What is the NLRB?
b. The NLRA

II. Handbook Standards of the NLRB | 2:15-2:30

a. Lutheran Village
b. Boeing
c. The consequences of a handbook policy being found to be unlawful

III. Discussion of common civility rules under NLRB standards | 2:30-2:45

IV. Takeaways | 2:45-3:00

a. Proper review of policies