Allowed Under ERISA, an Employer's Rules on Bonuses Not Permitted by NLRB

During the Obama administration, it sometimes seemed that hardly a week went by when the National Labor Relations Board's scrutiny of employers' handbook rules failed to find unlawful rules. Rulings against employers, as regularly reported here, came to seem ubiquitous. A quite different approach prevails with the Trump Board. Nevertheless, even with a majority of more pro‐employer members, the Board still finds some handbook rules objectionable, as it did in a recent case.