During the Obama administration, the National Labor Relations
Board (NLRB) rocked the HR world for employers, both union and
non-union, by interpreting federal law to create broad restrictions
on employer work rules, social media policies, trade secret and
confidentiality policies, and employee handbooks generally. If a
rule or a policy had any "chilling effect" on an
employee's rights with respect to wages, benefits, terms and
conditions of employment, and protected concerted activity, the
Board would find that it violated the National Labor Relations Act
(NLRA).
Employers were routinely charged with unfair labor practices for
policies as simple as requiring employees to treat each other with
respect or not use foul language. This stance was particularly
harmful for retailers whose policies and practices are often
intertwined with practices designed to deter theft and protect
customers. For example, a "no cell phone" policy is not
just designed to prevent employee
