NLRB sheds light on enforceability of common employment rules after Stericycle

Regular readers of Mountain West Employment Law Letter know the current National Labor Relations Board (NLRB) has issued a number of worker-friendly decisions over the past year, including Stericycle, Inc., an important decision regarding employee handbooks and other employer work rules.

Recently, the Board’s Division of Advice released a memorandum providing useful insight into the continued viability of certain provisions that are common in employment agreements and employee handbooks. Although the memo isn’t binding precedent, it nevertheless helps shed some light on how the Board might approach an issue.

Background

Some background may be helpful. The advice division’s role is to provide guidance to the NLRB’s various regional offices regarding the interpretation and application of the National Labor Relations Act (NLRA) to help them process unfair labor practice charges. The January 31 memorandum analyzed noncompete/nonsolicitation, nondisclosure, duties of employees, and return of employer property provisions in a challenged employment agreement.