Question: We are in the process of revising our employee handbook. Are there any anticipated new laws that will require policy changes in early 2018? If so, we will probably wait for those new policies before finalizing the handbook.
Answer: It is not easy to predict changes to laws or regulations,
particularly when there has been a lot of activity in the courts and in Washington recently. With that said, in mid- to late December 2017, the National Labor Relations Board (NLRB) was active in overruling several decisions that significantly impact employers. One decision, Boeing Company and Society of Professional Employees in Aerospace, IFPTE Local 2001 [download], overruled previous NLRB precedents that, in recent years, resulted in successful challenges to employer policies, workplace rules, and handbook provisions for the indirect impact they had on protected concerted activity. In previous cases, some of those challenges related to something other than activities that are protected under the National Labor Relations Act (NLRA). For example, in one case, the policy in question required nurses and doctors in a hospital to foster “harmonious interactions and relationships.”
As you can imagine, cases using the standard adopted in prior NLRB decisions caused a lot of confusion and uncertainty for employers, as it was unclear how they could create a safe and harmonious workplace without being challenged with labor law violations. The NLRB’s December 14,2017 decision created more predictability for employers by establishing a new standard for evaluating company rules that consider the extent of potential impact on NLRA rights and the business justification for creating those rules. To help employers make sense of the new standards, the NLRB established three categories of rules (providing examples of each) and how they will be analyzed or interpreted by the NLRB in future case.
This decision may provide a good opportunity to re-evaluate your handbook provisions and other employer policies and make updates. We recommend you work with counsel to help analyze any new provisions using the standards established in the case.
Also Read: The Quagmire of HR Compliance Can Make or Break Smaller Companies
Written by
Jeanette Coleman, SPHR, SHRM-SCP, is the Director of Human Resources at Axcet HR Solutions, where she has contributed her expertise for over 21 years.
As a leader in the HR industry, she holds advanced certifications as a Senior Professional in Human Resources (SPHR) and SHRM-Senior Certified Professional (SHRM-SCP). Jeanette oversees HR strategy and operations, ensuring Axcet delivers exceptional HR services that help small and mid-sized businesses stay compliant and grow.
With a Master’s degree in Human Resource Management from Keller Graduate School and a Bachelor of Science in Business Administration from Kansas State University, Jeanette is well-equipped to lead and support clients in navigating complex HR challenges.
Throughout her 15-year tenure as Director of Human Resources, she has been instrumental in positioning Axcet as the Midwest’s largest and premier Professional Employer Organization (PEO). Her previous roles at Axcet include Director of Employee Benefits and Senior HR Consultant, where she gained extensive experience in HR outsourcing, payroll administration, and employee risk management.
Jeanette’s leadership reflects her deep commitment to helping businesses thrive through strategic, compliance-driven HR solutions. Through her writing, she shares insights on HR strategy, compliance, and best practices to help employers confidently manage their workforce.
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