NLRB Advice Memos find Selected At-Will Provisions to be Lawful
1 min read
Nov 1, 2012
On October 31, 2012, the National Labor Relations Board (NLRB) Acting General Counsel released an analysis of at-will employment clauses in two employee handbooks, ultimately concluding that neither violated the law.
Employees had filed charges with the NLRB alleging that the handbooks contained overbroad at-will policies which suggested to employees that they could not engage in activities which are otherwise protected by the National Labor Relations Act (NLRA). In reviewing the selected policies, the NLRB noted that an employer violates the Act when it implements and enforces policies which explicitly prohibit NLRA-protected union or concerted activities, and that even if no such explicit policy exists, general policies or rules can be unlawful if employees could construe the language to prohibit this type of activity.
Despite these new advice memos, this area of the law remains somewhat unsettled, and accordingly, the NLRB has sought further information from its regional offices for further analysis and evaluation. In the meantime, however, employers are cautioned to review their at-will policies and procedures, and to consult with counsel to ensure that the policies are not unlawfully overbroad.
Featured Insights

Event
Apr 23, 2026
Driving Ahead: Insights from Industry Leaders Auto Finance Seminar

Press Release
Apr 2, 2026
Michelle Michaels Selected to Participate in DWLA Business Development Program

Consumer Crossroads: Where Financial Services and Litigation Intersect
Apr 2, 2026
Governor Hochul Signs Chapter Amendment to the New York FAIR Business Practices Act

Healthcare Alert
Mar 26, 2026
Are You Beyond the Red Line? Mastering Your FQHC’s Scope of Project to Avoid Noncompliance

Webinar
Mar 24, 2026
David Alfini on How Regulatory Citations Become Senior Living Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Mar 18, 2026
How Should Entities Prepare for California’s New DFAL Licensing Requirement?





![[VIDEO] Lucy Wang Featured in Business Interview TV Series](/a/web/28aUdvEJH2Txwy8MGsu35J/bo3TFX/featured-in-the-business-insurance-business-interview-series-insights.jpg)
