Report: The General Counsel's Office of the National Labor Relations Board (NLRB) recently issued a report addressing the issue of whether certain employee handbook rules violate the National Labor Relations Act (NLRA) in one of two ways: (i) by explicitly restricting employees' right to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection or (ii) because employees would reasonably construe the rules to restrict that right. The report emphasized that the context in which a rule appears is of paramount importance in determining whether it violates the NLRA.

Impact: It will be important for employers to regularly review their handbooks with the assistance of counsel to ensure that their rules comply with the latest pronouncements from the NLRB on this subject.