Fatal Error Employer Make When Updating Employee Handbooks that Can Be a Legal Landmine Learn What Policy are Mandated for 2022

Image credit: Flickr
Duration 90 Mins
Level Basic & Intermediate & Advanced
Webinar ID IQW22E0502

  • Learn why the civility rules are now outdated.
  • Learn how long you have before the changes are in place legislatively.
  • Learn how your current Employee Handbook might be outdated based on these new changes.
  • Learn What Role Does the NLRA and the NLRB have on non-union employees.
  • How Can Employers mitigate these changes and stay compliant?
  • Learn how you can prepare for the changes before you are violated for non-compliance.
  • Expanding monetary damages for which employers may be liable when they unlawfully terminate workers.
  • Reversing the previous administrations' decision created a new, employer-friendly framework for determining when an employer's handbook policies infringe on protected concerted activity under the NLRA.
  • Reversing precedent that made it easier for employers to establish workers are independent contractors.
  • Limiting employer unilateral actions, even when the collective bargaining agreement has a broad management rights clause.
    Scaling back employers' ability to govern civility in the workplace in certain circumstances.
  • Reversing recent cases finding confidentiality, non-disparagement clauses, and certain waiver of claims in separation agreements lawful.
  • Expanding employee rights related to employer discipline.
  • Reestablishing NLRB jurisdiction to decide matters involving religious educational institutions.

Overview of the webinar

Private Employers took advantage of the Employee Handbook Civility Rules put in place by the National Labor Relations Board (NLRB) for policies that make the Employer's life easier and more in control of employees prior to 2022. These Rules focused on Employer Friendly policies like:

  • Being Respectful
  • No Gossiping
  • Neutral civility rules, barring rude, offensive, or disparaging language or behavior;
  • Rules banning photography and recording, or devices for photography and recording, from the workplace;
  • Rules against insubordination, non-cooperation, or on-the-job conduct that adversely affects operations;
  • Rules banning disruptive behavior, disorderly conduct, or creating disturbances or discord on-premises;
  • Rules protecting confidential, proprietary, and customer information or documents;
  • Rules against defamation or misrepresentation;
  • Rules against using the employer’s logo or intellectual property without authorization;
  • Rules requiring authorization to speak on behalf of the company; and
  • Rules banning disloyalty, nepotism, or self-enrichment.

These are outlawed now!

Now, these policies are determined to be unlawful according to the new Administration and will be expected to be changed in 2022.

The NLRB enforces the National Labor Relations Act, which gives both unionized and non-union employees certain rights in the workplace. The extent of these protections tends to shift depending on the makeup of the Board in Washington. With a recent shift to a new administration, we expect the Board to apply the NLRA more broadly, meaning greater restrictions on employer policies and practices.

If your organization is in the private sector (i.e., not a governmental entity), then you are likely subject to the NLRB's jurisdiction. There are more than 50 categories of cases where the current NLRB leadership may try to reverse course on existing precedents that it deems to be too employer-friendly. 

Find out how the changes at the NLRB may affect your company and why you might want to start making changes in your Employee Handbook now.

Who should attend?

  • All Private Employers
  • Business Owners
  • Company Leadership
  • Compliance professionals
  • Payroll Administrators
  • HR Professionals
  • Managers/Supervisors
  • Private Employers in all industries
  • Small Business Owners
  • Large Business Owners

Why should you attend?

The NLRA protects "concerted activities" that employees engage in to improve working conditions. Historically, and particularly during the previous administration, the board construed the protection as applying to conduct directly related to a specific worksite, such as protesting an employer's overtime policy.

Private-sector union membership has steadily declined for decades. But the access issue is getting renewed attention amid the COVID-19 pandemic and high-profile union elections held by employees of large companies like Amazon.com Inc and Starbucks Corp.

What is Concerted Activity and Why Should Employers Care

Protected Concerted Activity is a legal term used in labor policy to define employee protection against employer retaliation in the United States. 

It is a legal principle under the subject of the freedom of association. 

The term defines the activities workers may partake in without fear of employer retaliation.

Faculty - Ms.Margie Faulk

Margie is a senior level human resources professional with over 14 years of HR management and compliance experience A current Compliance Officer for HR Compliance Solutions, Margie has worked as an HR and Compliance advisor for major corporations and small businesses in the small, large, private, public and Non-profit sectors.  This includes Federal Contracting in the defense, military, anti-terrorism and Apache Helicopter Training Simulations with Federal Acquisition Regulations (FAR), Federal Sentencing Guidelines (FSG) and Office of Federal Contract Compliance Program (OFCCP). Margie is bilingual (Spanish) fluent and Bi-cultural.
Margie’s focus has expanded to Global Workplace Compliance in International, multi-state, multi-National, state and local workplace compliance which includes workplace compliance in other countries like the UK, Canada, France, Brazil, China, Africa, Mexico, and India, just to name a few.
Margie has created and presented seminars/webinars for many compliance institutes. These national training providers, offer compliance training to HR professionals, business owners and companies interested in having their company compliant with workplace and industry regulations.
This year, Margie was selected by Alan Collins, former Vice President of Human Resources at PepsiCo, a renowned author of 8 books on HR Prosperity & Success, and founder of “Success in HR”, to be part of his Mastermind Your Way to Success in HR, “Expert Interview Series” based on her successful Webinars/Seminars on HR Compliance. Margie holds professional human resources (PHR) from the HR Certification Institution (HRCI) and SHRM-CP certification from the Society for Human Resources Management, Membership in the Society of Corporate Compliance and Ethics (SCCE).


HR (General) recertification credit hours toward aPHR™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®). Please make note of the activity ID number on your recertification application form. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org

ComplianceIQ is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for [1.5] PDCs for the SHRM-CPSM or SHRM-SCPSM. For more information about certification or recertification, please visit www.shrmcertification.org.

Fatal Errors Employers Make When Updating Employee Handbooks that Can Be a Legal Landmine - Learn What Policies are Mandated for 2022.pdf


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