Hunton Employment & Labor Perspectives

Many workplace policies and employee handbooks contain restrictions on employees speaking to the media.  Through these policies, employers often seek to limit what organizational information is disclosed to third parties, and to exercise at least some control over statements that may be attributed to the company.  Such restrictions, though, may be found to violate employees’ rights under the National Labor Relations Act (“the Act”) due to overbreadth when not drafted carefully.  And, while the National Labor Relations Board in the Trump era has seemed willing to revisit pro-worker rulings, the General Counsel last month released an Advice Memorandum affirming this long-standing precedent.