New NLRB Guidance on Employee Handbooks: Complying With New Rules after the Boeing Decision

Duration: 60 Minutes
This webinar will explore employee handbook workplace rules under Boeing. Writing effective Handbooks is one of the most overlooked areas of a company. However for a while the language found in handbooks could create liability for companies. That seemed to change in December 2017 when the NLRB issued its decision in Boeing. But since then employers have faced significant confusion about how the Board would evaluate workplace policies under the NLRA and how to place workplace rules into the three categories defined in the decision. On June 6, 2018, the general counsel of the NLRB published guidance on how the Boeing standard should be applied.
NLRB Guidance on Employee Handbooks
Product ID: 506467
Objectives of the Presentation
  • What is the Boeing standard for evaluating workplace policies?
  • How is the NLRB applying the Boeing standard when reviewing workplace policies for lawfulness?
  • What does Boeing mean for employers or their counsel when drafting and reviewing workplace policies?
  • What is the practical application of the Boeing test and categories, and what can employers expect from the NLRB regarding enforcement?
  • Workplace policies in general
Why Should you Attend
The Boeing decision is a significant departure from the prior standard for evaluating the lawfulness of workplace rules as it uses a two-part test that balances a worker's NLRA rights against the employer's legitimate business justifications for the rule.

Boeing also set forth a categorizing system labeling workplace rules as either Category 1 (rules that are generally lawful to maintain), Category 2 (rules requiring individualized scrutiny), or Category 3 (rules that are unlawful to continue). Even with this framework, there remains a great deal of room for subjectivity and nuance when evaluating handbook rules under the Boeing standard.

Areas Covered
  • Practical tips on review and update existing employee handbooks-don't simply rely on online versions
  • What Boeing and the NLRB 2017 decisions tried to correct
  • Overview of the Boeing decision and its resultant test for determining whether workplace policies violate the NLRA
  • Discussion of the NLRB's 2018 guidance and clarification of Boeing
  • What to expect from the NLRB in applying the Boeing test to contested workplace rules
  • Practical guidance for employers on how to evaluate, modify, or justify handbook rules and policies in light of the new test and rule-categorization system
Who will Benefit
  • Business owners
  • Managers
  • Employers
  • Human Resources and administrators
  • Lawyers and accountants
$200
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Instructor Profile:
Stuart Silverman has been practicing law for almost 30 years and is the principal of the Law Offices of Stuart M. Silverman, P.A., located in Boca Raton, Florida. The emphasis of his practice is in the area of labor and employment law, and business and commercial litigation. Mr. Silverman has represented both private and public employers, as well as individual employees in a whole host of complex business disputes and employment settings at administrative levels, and state and federal trial and appellate courts. His extensive employment litigation experience includes claims under age, race, sex discrimination, wage and hour claims, whistleblower and retaliation claims, ADA and FMLA claims, public employee's claims, as well as disputes under employment contracts, non-compete agreements, trade secrets disputes, and partnership breakups. Mr. Silverman is a frequent speaker on his areas of practice.

Mr. Silverman is also a member of The Workplace Violence Prevention Institute (WPVI), a group formed to investigate solutions and strategies from a proactive and systemic perspective to minimize the risk of workplace violence, specifically violence caused by employees or former employees. He earned his B.A. degree, with high honors, and his J.D. degree from Rutgers University. Mr. Silverman is admitted to The Florida Bar and the U.S. District Court for the Southern District of Florida.
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