When Wendy’s International LLC created its employee handbook, the company probably never imagined it would become the poster child for what not to do. Yet the Office of the General Counsel (OGC) of the National Labor Relations Board (NLRB), in its recently released “Report of the General Counsel Concerning Employment Rules,” has held up Wendy’s efforts as an example of illegal, overbroad rules and regulations in violation of federal labor laws.
Among Wendy’s errors, according to the NLRB: an unlawful handbook disclosure provision, an overly broad social media policy, illegal provisions regarding conflicts of interest, overly broad rules regarding copyright use, too-restrictive rules on employee conduct, and an unacceptable ban on cellphone use at work, among others. Under an informal, bilateral settlement with the NLRB, Wendy’s modified its handbook.