The Rules Have Changed

A New Standard for Assessing Lawfulness of Workplace Policies

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard in its Stericycle decision for how it will evaluate workplace policies (commonly found in employee handbooks) to determine whether such policies interfere with or infringe upon employees’ rights to engage in protected activities. With this new and more employee-friendly standard in place, private employers should anticipate new challenges to work rules that may seem neutral on their face as they implicate employees’ Section 7 rights.

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