Employee handbooks serve as the foundation of workplace policy, but when it comes to NLRB employee handbook policies, the stakes are higher. The National Labor Relations Board (NLRB) enforces federal labor laws that protect employees’ rights, including the right to organize and engage in collective bargaining. HR teams must ensure that handbook policies align with these regulations to avoid costly legal disputes, corrective orders, and reputational damage.

The NLRB’s enforcement reach extends to both unionized and non-union workplaces. Many HR leaders are surprised to learn that Section 7 of the National Labor Relations Act (NLRA) protects employees at virtually all private-sector organizations — not just those with active unions. Any policy that could be reasonably interpreted as chilling protected concerted activity is subject to NLRB scrutiny.

What is the NLRB?

The National Labor Relations Board (NLRB) is a U.S. federal agency that enforces labor laws and ensures that employers and employees comply with the National Labor Relations Act (NLRA). It investigates unfair labor practice charges and can order employers to revise unlawful handbook policies, reinstate workers, or pay back wages.

What HR Can Include in Employee Handbooks

HR can and should include a variety of policies in their employee handbooks that promote workplace order, safety, and productivity. The key test is whether a policy has a legitimate business justification and is narrowly tailored so it does not restrict employees’ Section 7 rights. Permissible policies include:

  • Code of conduct: Clear expectations of behavior in the workplace, provided the language does not prohibit employees from discussing working conditions with colleagues.
  • Dress code: Reasonable dress policies that align with the company’s brand and industry. Policies may restrict union insignia only in limited circumstances (e.g., direct patient care settings).
  • Attendance and punctuality: Guidelines for managing absences and lateness, as long as they do not penalize protected strike or picketing activity.
  • Performance expectations: Criteria for evaluating employee performance tied to objective, measurable standards.
  • Confidentiality and data protection: Policies protecting genuinely proprietary company and client information — but not policies so broad they cover discussions of wages or workplace conditions.
  • Electronic device and social media use: Policies limiting personal device use during work hours for productivity reasons, as long as they allow employees to use devices to organize or discuss work matters outside of work hours.

What HR Cannot Include in Employee Handbooks

Not all policies are permissible under NLRB employee handbook policies. Any language that restricts employees from discussing wages, working conditions, or organizing is generally unenforceable. HR should avoid:

  • Mandatory arbitration clauses that prevent employees from joining class-action lawsuits — the NLRB has found such provisions unlawful when they restrict employees’ ability to act collectively.
  • Confidentiality agreements that prohibit employees from discussing pay or working conditions with co-workers. Following the Supreme Court’s Epic Systems decision, some arbitration agreements are permissible, but they must not be written to chill Section 7 activity.
  • Disciplinary policies that penalize employees for engaging in protected collective activities, including strike participation, union organizing, or discussing wages.
  • Non-disparagement clauses that prevent employees from making statements about the company to outside parties. The NLRB’s 2023 McLaren Macomb ruling made overbroad non-disparagement clauses in severance agreements unlawful, and similar logic applies to handbook provisions.
  • Broad media and communication policies that prohibit employees from speaking to journalists, government agencies, or the NLRB itself.

The McLaren Macomb Standard

In 2023, the NLRB ruled in McLaren Macomb that employers cannot offer severance agreements containing provisions that broadly restrict employees from making statements about the company or cooperating with government investigations. HR teams should review whether similar language appears in their handbooks and remove it promptly.

Examples of Problematic Policies

The following policy statements have appeared in real employee handbooks and have been challenged or ruled unlawful under NLRB employee handbook policies. HR teams should audit for these specific patterns:

  • "Employees are prohibited from discussing their compensation with other employees." — This directly violates Section 7 rights and is among the most frequently cited unlawful provisions.
  • "Employees must keep all internal communications confidential, including discussions about working conditions." — Overly broad; a lawful version would protect only trade secrets or client data.
  • "Employees who organize or participate in union activities will be subject to disciplinary action." — Facially unlawful and subject to immediate corrective orders.
  • "All workplace complaints must be reported only to HR and may not be discussed with colleagues." — Can unlawfully chill employees from engaging in protected concerted activity.
  • "No employee may post on social media about the company without prior approval." — Too broad; a narrower policy covering only confidential business information and customer data would be permissible.

How to Review and Revise Handbook Policies

Regularly reviewing and updating your employee handbook is essential for compliance with evolving NLRB standards. NLRB guidance changes with administrations, so what was acceptable in one year may be scrutinized in the next. Here’s how to conduct an effective review:

  • Conduct a line-by-line audit: Review every policy for language that could restrict Section 7 rights, even if unintentionally. Look for words like "confidential," "prohibited," and "may not discuss."
  • Involve employment legal counsel: Work with a labor and employment attorney familiar with current NLRB precedent to assess risk.
  • Apply the Stericycle test: Under the NLRB’s 2023 Stericycle decision, policies are evaluated from the perspective of a reasonable employee who fears discipline — if a policy could be read as restricting protected activity, it may be unlawful even if not explicitly aimed at union organizing.
  • Train HR staff: Equip HR teams with working knowledge of NLRB regulations and provide concrete examples of lawful versus unlawful policy language.
  • Centralize documentation: Use platforms like Treegarden to manage policy versions, track employee acknowledgments, and maintain audit trails for compliance purposes.

Automate Compliance with Treegarden

Treegarden’s HR platform allows teams to manage employee onboarding, policy acknowledgments, and document storage with version control — ensuring all handbooks meet current U.S. labor standards and creating a defensible record in the event of an NLRB inquiry.

Best Practices for Compliance

Staying in line with NLRB employee handbook policies is an ongoing responsibility, not a one-time exercise. HR teams should build compliance into their annual review cycles:

  • Use clear, neutral language that does not restrict employee rights. When in doubt, narrow the policy to protect only specific, legitimate business interests rather than broad categories of communication.
  • Ensure policies are consistent across all departments, job roles, and employment levels. Inconsistent application is itself a compliance risk.
  • Provide training annually on handbook policies, employee rights under the NLRA, and examples of protected concerted activity so managers do not inadvertently discipline employees for lawful conduct.
  • Document policy changes with effective dates and communicate them to all employees through a signed acknowledgment or digital confirmation to demonstrate good-faith compliance efforts.
  • Monitor NLRB guidance: Subscribe to NLRB press releases and general counsel memoranda, which signal enforcement priorities and new interpretations that may affect your handbook.

By following these best practices and staying informed about NLRB employee handbook policies, HR professionals can avoid legal pitfalls and foster a fair, compliant, and respectful workplace. The cost of proactive compliance — a legal review, a policy update, an annual training session — is far lower than the cost of defending an unfair labor practice charge or implementing a corrective order under NLRB direction.

Stay Ahead with Treegarden

Use Treegarden’s tools to streamline HR compliance, including employee onboarding, policy tracking, and document management. Explore our tools today to stay NLRB-compliant and build a defensible record of your compliance efforts.

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Frequently Asked Questions

Can an employee handbook prohibit employees from discussing wages?

No, under NLRB employee handbook policies, employees have the right to discuss wages and working conditions. Such restrictions are typically considered unlawful.

What is the NLRB and why should HR care?

The NLRB enforces labor laws and ensures fair treatment of employees. HR should care because they can impose penalties if a company violates NLRB employee handbook policies.

Are non-disparagement clauses legal in employee handbooks?

Non-disparagement clauses that prevent employees from discussing legal grievances or working conditions are often deemed illegal under NLRB employee handbook policies.

What should HR do if a handbook policy is found to be illegal?

HR should revise the policy immediately, remove any unlawful language, and consult with legal counsel to ensure compliance with NLRB employee handbook policies.

How often should HR review employee handbooks?

HR should review employee handbooks at least annually and after any major changes in labor laws or company policy to ensure alignment with NLRB employee handbook policies.