News & Analysis as of

Boeing Unions

Mitchell, Williams, Selig, Gates & Woodyard,...

The Pendulum Swings Back: NLRB Targets Neutral Work Rules in Reversal of Prior Ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“thou shalt not be disrespectful or insubordinate to thine co-workers or supervisors”)? Or one that requires that employees keep...more

Lathrop GPM

Handbooks and Policies - Time to Revise Them After NLRB Ruling, or Another Pendulum Swing?

Lathrop GPM on

The answer after the Stericycle ruling is likely “both.”  As the composition of the NLRB (National Labor Relations Board) changes, the roller coaster continues, making it difficult for businesses – whether private,...more

Venable LLP

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on

On August 2, 2023, the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023), which creates a new standard for evaluating whether a company's workplace rules violate the National...more

Akerman LLP - HR Defense

Back to the Future: Employers Must Buckle Up for a Return to the NLRB’s New (Old) Standard for Workplace Rules

Employers, whether they have unionized employees or not, must navigate the aftermath of another change in the ever-evolving landscape of labor law. A recent National Labor Relations Board (NLRB or Board) decision has sent...more

Laner Muchin, Ltd.

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on

On August 2, 2023, the National Labor Relations Board (NLRB) issued its decision in Stericycle, Inc., in which it articulated its new standard for evaluating whether employer work rules are impermissible under the National...more

Constangy, Brooks, Smith & Prophete, LLP

In light of recent NLRB decision, employer workplace rules face more aggressive scrutiny

The National Labor Relations Board swung to a Democratic majority after the 2020 election of President Joe Biden. That majority has been almost continually dismantling standards established by the Republican majority Board...more

Miles & Stockbridge P.C.

NLRB’s New Work Rules Standard Skews in Favor of Employees and Unions

On Aug. 2, the National Labor Relations Board (NLRB) set a new standard to evaluate facially neutral work rules in union and nonunionized workplaces when it issued a much-anticipated decision in Stericycle, Inc., 372 NLRB No....more

Stinson LLP

NLRB Increases Scrutiny of Workplace Rules

Stinson LLP on

BACKGROUND - In its recent Stericycle decision, the National Labor Relations Board (NLRB) modified its framework for evaluating whether employer work rules that do not expressly restrict employee Section 7 activity are...more

Smith Gambrell Russell

NLRB Revises Standard for Evaluating Employer Policies

Smith Gambrell Russell on

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued its decision in the much-watched Stericycle Inc. and Teamsters 628 case, returning to a case-by-case standard for evaluating challenges to...more

Genova Burns LLC

NLRB Applies a Shifting Burdens Analysis in Reviewing Employer Work Rules; Boeing Overruled

Genova Burns LLC on

On August 2, 2023, the NLRB further limited employers’ flexibility in designing work rules by holding that all work rules will be reviewed on a case-by-case basis, and no work rules will get an automatic pass....more

Foley Hoag LLP

The NLRB Sets New Standard for Evaluating Employer Policies

Foley Hoag LLP on

On August 2, 2023, the NLRB issued a decision in Stericycle, Inc., 372 NLRB No. 113 (2023) which adopts a new legal standard for evaluating whether employer workplace policies violate the NLRA. The decision supplants a more...more

Davis Wright Tremaine LLP

Time for Employers to Review and Update Employee Handbooks (Again)

Union and non-union employers could face an uphill climb defending well-intentioned workplace rules under the new framework issued by the National Labor Relations Board ("NLRB") in its long-awaited decision in Stericycle,...more

BakerHostetler

Here We Go Again: The National Labor Relations Board Reintroduces Chaos to Employee Handbooks

BakerHostetler on

There was little doubt that the current National Labor Relations Board (NLRB or the “Board”) would overrule the Trump-era test in The Boeing Company for evaluating work rules in favor of a more employee-friendly standard. The...more

Bracewell LLP

NLRB Revises Test for Evaluating Workplace Policies

Bracewell LLP on

On August 2, 2023, in Stericycle, Inc. (Stericycle), the National Labor Relations Board (the Board) revised the test for determining whether an employer’s workplace policies comply with the National Labor Relations Act (the...more

Harris Beach PLLC

National Labor Relations Board Announces New Standard for Employer Handbooks, Policies and Work Rules

Harris Beach PLLC on

The National Labor Relations Board ruled on August 2, 2023, that employers’ workplace rules — such as those found in employee handbooks — will be evaluated under a more restrictive test that will surely impact how employers...more

Littler

NLRB Adopts Tough New Standard for Workplace Rules

Littler on

On August 2, 2023, in Stericycle, Inc., 372 NLRB No. 113 (2023), the National Labor Relations Board adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act...more

FordHarrison

The Board's Latest Decision Serves as a Reminder – The Devil is in the Details

FordHarrison on

Executive Summary: On Wednesday, August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) issued its long-awaited decision in Stericycle, Inc., 372 NLRB No. 113 (2023) wherein it adopted a new legal...more

Ballard Spahr LLP

NLRB Returns to a More Stringent Framework For Workplace Rules

Ballard Spahr LLP on

On Wednesday, August 2, 2023, the National Labor Relations Board (“the Board”) continued its retreat from many of the decisions issued by its Trump-era iteration. In Stericycle, Inc, 372 NLRB No. 113 (2023), the Board...more

Ward and Smith, P.A.

NLRB Turning Up the Heat Over Employee Handbooks

Ward and Smith, P.A. on

In the midst of one of the hottest summers on record, the National Labor Relations Board ("NLRB" or the "Board") is putting the heat on employers.  In a recent decision issued on August 2, 2023, the NLRB has assumed the...more

Jackson Lewis P.C.

Labor Board Returns to Case-by-Case Approach for Determining Lawfulness of Work Rules

Jackson Lewis P.C. on

The National Labor Relations Board has again revised its standard for assessing whether an employer’s facially neutral work rules (rules that do not explicitly restrict Section 7 activities) unlawfully restrict employee...more

Fox Rothschild LLP

NLRB Does an About-Face on the Legality of Workplace Rules

Fox Rothschild LLP on

The National Labor Relations Board has established a new standard for evaluating and scrutinizing employer workplace rules that is likely to cause headaches for anyone responsible for drafting such policies. In the board’s...more

Perkins Coie

NLRB Returns to Obama-Era Microunit Standard

Perkins Coie on

On December 14, 2022, the National Labor Relations Board (NLRB or the Board) issued a decision in American Steel Construction, Inc., in which a 3-2 Board majority threw out the Trump-era standard used to determine whether a...more

Miles & Stockbridge P.C.

NLRB Brings Back Micro-Units, Paving the Way for More Union Organizing

Miles & Stockbridge P.C. on

The National Labor Relations Board on Wednesday revived an Obama-era standard that will make it easier for unions to organize employees and win elections. In a 3-2 decision in American Steel Construction Inc., the Board...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2021 Year In Review – An Overview of Major Developments in Labor Law

INTRODUCTION - 2021 was the first year of National Labor Relations Board under President Biden. For years, the Board’s decisions and its approach generally have swung back and forth depending on whether there was a...more

Robins Kaplan LLP

Financial Daily Dose 12.10.2021 - Buffalo Workers Unionize First Company-Owned Starbucks

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Workers at a Buffalo, NY-based Starbucks location have voted to unionize, the first ever union to form at one of Sbux’s “nearly 9,000 company-owned stores.” Though but one, the victory “represents a challenge to the labor...more

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