The NLRB Approves Non-Disparagement, Non-Solicitation, and Email Workplace Rules
The National Labor Relations Board (the “Board”) frequently evaluates employer policies regarding whether they violate employees’ rights to unionize under Section 7 of the National Labor Relations Act (“NLRA”). As such, it is essential for employers, including those who do not have union employees, to consider the Board’s decisions when drafting and reviewing their policies and handbooks. Recently, the Board confirmed in David Sax Productions LLC, 370 NLRB No. 103 (2021), the legality of non-disparagement, non-solicitation, and e-mail workplace rules and policies.