Just a week or so ago, National Labor Relations Board (NLRB) General Counsel Peter Robb sent a new guidance memo out to regional directors across the country advising how the new employee handbook standard should be applied. The memo summarizes each of three categories of rules in which the provision in question should be placed for further consideration and provides examples of provisions falling within each. Further, the guidance details that the new standard will require an initial analysis of the provision in question and then a determination as to in which of the following three categories a particular handbook provision belongs: 1) rules that are generally lawful to maintain; 2) rules warranting individualized scrutiny; and 3) rules that are plainly unlawful to maintain. The guidance goes on to place a number of commonly found workplace policies in each of these categories as specific examples. Employers are well advised to have their employee handbooks reviewed by counsel in the wake of the memo.