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Maybe All Employee Handbook Policies Aren’t Illegal After All?

In December 2015, the U.S. Chamber of Commerce released a publication that discussed numerous examples of the National Labor Relations Board’s “increasing hostility to commonsense employee handbook policies.” A main premise of that publication, titled Theater of the Absurd: The NLRB Takes on the Employee Handbook, was that the NLRB was “adopting a wildly expansive reading of the [National Labor Relations Act’s] protections in order to undermine sensible and widespread workplace policies.” The Chamber further offered that “[t]hrough a series of decisions and official guidance, the NLRB has undertaken a campaign to outlaw heretofore uncontroversial rules found in employee handbooks and in employers’ social media policies—rules that employers maintain for a variety of legitimate business reasons.”

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