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National Labor Relations Board – Guidance for Employer Policies, Handbooks...

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Lovitt & Touché Learning Academy

1050 W. Washington Street Suite 201

Tempe, Arizona 85281

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Regardless of whether an employer is unionized, unfair labor practice litigation in front of the National Labor Relations Board (“NLRB”) is increasingly focused on employer handbooks, including policies related to social media and a variety of topics, and their potential effect on employees’ rights to engage in protected concerted activities under the National Labor Relations Act. Join us to discuss recent case law and guidance materials from the NLRB that will assist employers in maintaining lawful employee handbooks and related policies.

This presentation will cover how the NLRB reads employer policies and best practices to avoid unfair labor practice litigation stemming from employee handbooks, including:

  • The NLRB’s recent expansion of what constitutes protected concerted activity by non-unionized employees for the purposes of the National Labor Relations Act;

  • The administrative process governing the NLRB’s investigation and litigation of unfair labor practices involving employer policies and handbooks;

  • Common employer policies found to be unlawful by the NLRB, including policies related to social media and email, confidentiality, and other employee conduct in the workplace; and

  • What employers can expect from the NLRB given the current political climate.

Featured Speakers: Elizabeth M. Townsend and Sasha H. Ellis

  • Elizabeth M. Townsend: Elizabeth Townsend is a shareholder in the firm’s Phoenix office. Ms. Townsend’s labor and employment practice includes counseling employers on a wide range of employment-related issues, including discrimination and harassment laws, non-compete agreements, discipline and discharge decisions, and lay-offs. As part of that counseling, she has conducted training sessions for management on employment and labor-related subjects, including Title VII and the National Labor Relations Act. Her practice also includes defending employers facing claims of harassment and discrimination, including claims based on race, national origin, gender, religion and age, the National Labor Relations Act, the Family and Medical Leave Act, the Railway Labor Act and non-compete issues.

  • Sasha H. Ellis: Sasha Ellis is an associate in the firm’s Phoenix office. Ms. Ellis's practice focuses on defending employers in federal and state court and before federal and state regulatory agencies against claims of discrimination, harassment, retaliation, and wrongful discharge. She also represents employers in all aspects of labor relations, including preparing for and defending against unfair labor practice charges. Ms. Ellis advises employers regarding workplace policies and procedures and counsels them on compliance with applicable labor and employment laws and regulations.

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Lovitt & Touché Learning Academy

1050 W. Washington Street Suite 201

Tempe, Arizona 85281

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