Disclaimer Regarding the Right to Engage in NLRA-Protected Activity

Summary

This template is a Disclaimer Regarding the Right to Engage in NLRA-Protected Activity that an employer can use in its policies that risk interfering with section 7 rights to clarify that the employer does not intend the policy to interfere with employee rights. It contains practical guidance and drafting notes. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. A disclaimer should not replace an employer's thorough examination of its policies to ensure compliance with the National Labor Relations Act. For a full listing of key content covering employee handbook considerations, see Employee Handbook Resource Kit. For information concerning employment handbooks and policies, see Employee Handbook Resource Kit, Employee Handbook Policies Checklist, Employee Handbook Review Checklist, Employee Codes of Conduct: Key Drafting Tips, Code of Conduct and Ethics and Whistleblowing Policy, NLRA Section 8 Unfair Labor Practices by Employers and Unions: Key Considerations, and NLRB Positions on Regulating Employees' Social Media Usage. For state-specific employment policy templates, see Employment Policies State Expert Forms and Checklists Chart. For video guidance on injuctions under NLRA Section 10(j), see Current Awareness: Injunctions under NLRA Section 10(j): Starbucks v. McKinney (U.S. Supreme Court) Video.