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

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

On-Demand: January 19, 2021

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

$95.00 1 hour CLE

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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


Closed-captioning available


Mark Theodore_myLawCLEMark Theodore | 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.


Elizabeth Daily_myLawCLEElizabeth Daily | Proskauer

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


  • Labor & Employment, Employment Litigation & Arbitration


  • University of Pennsylvania Law School, J.D., 2019
  • University of Pennsylvania, B.A., 2013


Joshua S. Fox_myLawCLEJoshua S. Fox | 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.

As a member of the Sports Law Group, Josh has represented several Major League Baseball Clubs in all aspects of the salary arbitration process, including the Kansas City Royals, San Francisco Giants, Tampa Bay Rays and Toronto Blue Jays. Josh assisted with the successful representation of the Toronto Blue Jays in their case against All-Star Josh Donaldson, which was the largest club victory in salary arbitration in recent years. Josh also represents Major League Baseball and its clubs in ongoing litigation brought by current and former minor league players who allege minimum wage and overtime violations, as well as similar claims brought on behalf of scouts.

Josh participated on the team that successfully defended Major League Baseball in a wage-and-hour lawsuit brought by a former volunteer for the 2013 All-Star Fan Fest, who alleged minimum wage violations under federal and state law. The lawsuit was dismissed by the federal district court and was affirmed by the U.S. Court of Appeals for the Second Circuit. Josh also has extensive experience representing professional sports leagues and teams in grievance arbitration proceedings, including playing a vital role in all aspects of the grievance challenging the suspension for use of performance enhancing drugs of then-New York Yankees third baseman Alex Rodriguez. Josh also has counseled NHL Clubs and served on the trial teams for grievances alleging violations of the collective bargaining agreement. He has played a key role in representing professional sports leagues in all aspects of their recent collective bargaining negotiations, including the National Hockey League, Major League Baseball, the National Basketball Association, the National Football League and Major League Soccer.

In addition, Josh has represented media and entertainment companies that have been sued for engaging unpaid interns. Specifically, he played a significant role in defending Fox Searchlight Pictures, Inc. and Fox Entertainment Group, Inc. in a suit brought by unpaid interns seeking minimum wage and overtime, which resulted in a favorable ruling by the U.S. Court of Appeals for the Second Circuit. Josh also represents a diverse range of clients, including hospitals, hotels, real estate developers and contractors, pipeline contractors, manufacturers, and public employers, in collective bargaining, counseling on general employment matters and proceedings before the National Labor Relations Board, New York State Public Employment Relations Board and arbitrators.

Prior to joining Proskauer, Josh worked for a year and a half at the National Hockey League, where he was involved in all labor and employment matters, including preparations for collective bargaining, grievance arbitration, contract drafting and reviewing and employment counseling. Josh also interned in the labor relations department of Major League Baseball and at Region 2 of the National Labor Relations Board. He was a member of the Brooklyn Law Review and the Appellate Moot Court Honor Society and served as president of the Brooklyn Entertainment and Sports Law Society.


I. NLRB and NLRA Background | 2:00pm – 2:15pm

  1. What is the NLRB?
  2. The NLRA

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

  1. Lutheran Village
  2. Boeing
  3. The consequences of a handbook policy being found to be unlawful

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

IV. Takeaways | 2:45pm – 3:00pm

  1. Proper review of policies