Legal Alert: NLRB Strikes Down Employer’s Handbook Policies

Executive Summary: On the same day as the D.C. Circuit Court of Appeals determined President Obama’s recess appointments are unconstitutional, the NLRB continued its assault on workplace rules and employee handbook policies. See DirecTV U.S. Direct Holdings, LLC, 359 NLRB No. 54 (Jan. 25, 2013). Regardless of whether the Board’s decision withstands the D.C. Circuit’s ruling, the case serves as a warning to employers to review their handbooks and other workplace policies to ensure compliance with the Board’s most recent interpretations of the NLRA.