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NLRB Reverts to Heightened Legal Standard in Reviewing Employee Handbook Policies

By Charles S. Birenbaum, Hannah Caplan & Shirin Afsous on August 10, 2023
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In a trail of decisions turning back the clock to precedent under the Clinton-era Board, the National Labor Relations Board (NLRB) has reversed the standard of review for employee handbook policies. The new rule applies retroactively.

Click here to continue reading the full GT Alert.

Photo of Charles S. Birenbaum Charles S. Birenbaum

Charles S. Birenbaum serves as the firm’s Chair of Northern California and Co-Chair of the firm’s Labor & Employment Practice’s Labor-Management Relations group. Chuck is an experienced labor and employment attorney who focuses his practice on traditional labor and employment law matters, and

…

Charles S. Birenbaum serves as the firm’s Chair of Northern California and Co-Chair of the firm’s Labor & Employment Practice’s Labor-Management Relations group. Chuck is an experienced labor and employment attorney who focuses his practice on traditional labor and employment law matters, and has wide-ranging experience litigating in state and federal courts as well as various administrative agencies. He has testified on proposed legislation impacting entire industries before state legislative committees, and has interfaced and negotiated with labor organizations, politicians, regulators, and industry leaders to resolve complex issues for his clients in the health care, energy, construction and other industries.

Chuck is an experienced trial lawyer, having tried race harassment class actions, noncompetition trials, unfair labor practice hearings before the National Labor Relations Board, and multiple arbitrations. His appellate work includes decisions from the U.S. Court of Appeals for the 9th Circuit under the National Labor Relations Act, Labor Management Relations Act, and the Employee Retirement and Income Security Act.

In the area of traditional labor law, Chuck has a broad array of experience in collective bargaining, union organizing and trust fund litigation for employers in the construction, energy, health care, manufacturing, and service industries. He has first chaired collective bargaining for all bargaining units at a health care system; first chaired collective bargaining over a bargaining unit of registered nurses at a dialysis provider; first chaired collective bargaining for construction agreements covering billions of dollars of heavy infrastructure development; and first chaired collective bargaining for a steel manufacturer and fabricator.

Chuck has been honored by numerous organizations for his labor and employment practice. In 2013 alone, Chambers USA Guide listed him for his work in labor and employment law, Human Resources Executive® magazine named him one of the nation’s top 100 most powerful labor attorneys, and The Daily Journal singled him out as one of California’s top 75 labor attorneys.

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Photo of Hannah Caplan Hannah Caplan

Hannah Caplan is a trusted advisor on all matters that impact employees. Her practice focuses on providing advice and counsel to employers navigating sensitive legal issues with employees, leading employment support on corporate transactions, and drafting agreements and policies for employees.

In her…

Hannah Caplan is a trusted advisor on all matters that impact employees. Her practice focuses on providing advice and counsel to employers navigating sensitive legal issues with employees, leading employment support on corporate transactions, and drafting agreements and policies for employees.

In her advice and counsel role, Hannah draws on over ten years of litigation and courtroom experience to ensure her clients are well-informed of the risks associated with each potential path. When leading employment due diligence on a deal, she goes the extra mile to learn the business priorities and overall plans before diving in. She rounds out her practice with a variety of drafting and related counseling services, including critical separation agreements for executives, largescale severance agreements and strategy for reductions-in-force, restrictive covenant agreements, and employee handbooks. Hannah’s litigation practice and experience includes defense against discrimination, harassment and retaliation claims, as well as wage payment lawsuits, including collective actions under FLSA. She has also both brought and defended actions involving the protection of trade secrets and violation of restrictive covenants.

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Photo of Shirin Afsous Shirin Afsous

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services…

Shirin Afsous is an experienced litigator in the field of commercial litigation. As a proactive professional, she is adept at client interaction and excels at crafting strategic case plans. Her areas of experience span across a vast array of sectors including financial services litigation, labor & employment, government contracts, and commercial disputes. Her proficiency extends beyond the borders of her home state, as she skillfully handles cases across the nation in both state and federal courts. Moreover, she is a frequent participant in administrative proceedings, often providing invaluable assistance to clients embroiled in governmental investigations. As a first chair attorney, Shirin has taken the lead in numerous matters, showcasing her leadership and litigation skills. Her deep experience encompasses a wide range of legal proceedings, from drafting and research to preparing witnesses for trial. She is skilled at conducting depositions and arguing dispositive motions, proving her versatility in different aspects of litigation.

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  • Posted in:
    Employment & Labor
  • Blog:
    GT L&E Blog
  • Organization:
    Greenberg Traurig, LLP
  • Article: View Original Source

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