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National Labor Relations Board › Protected Concerted Activity › Employee Handbooks

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

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It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

BakerHostetler

Employee Handbooks Remain Under Board Attack

BakerHostetler on

During the Obama administration, the National Labor Relations Board (NLRB or the Board) stringently reviewed employee handbooks of nonunionized employers to determine whether particular policies infringed on employees’ rights...more

Fisher Phillips

Employers May Face More Liability for Unlawful Work Rules Under NLRB General Counsel’s New Memo: Key Points and What You Can Do to...

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Employers should review their handbooks and workplace conduct policies in light of a new development that could greatly expand the penalties for unfair labor practice charges. The NLRB’s General Counsel just issued a memo on...more

Laner Muchin, Ltd.

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

Laner Muchin, Ltd. on

On August 22, 2023, we advised all employers—whether their workforces are unionized or not—about the National Labor Relations Board (NLRB) decision in Stericycle, Inc. In Stericycle, the NLRB articulated its new standard in...more

Cooley LLP

Year-End Tasks for US Employers Facing Compliance Obligations

Cooley LLP on

In recent years, we have seen numerous notable employment and labor law developments annually, and 2023 was no exception. As the year comes to a close, US employers should take time to prepare for 2024 by reviewing their key...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Practical NLRB Advisor: Fall 2023

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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2023 issue of the Practical NLRB Advisor. In this issue of the Advisor, we cover three of those sharply divided...more

Jackson Lewis P.C.

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

Epstein Becker & Green

NLRB Delivers Labor Day Gifts to Unions

Epstein Becker & Green on

It has been a decision-packed summer at the National Labor Relations Board (“NLRB” or “Board”), and the last weeks of summer were especially active, with a number of significant decisions released at the end of August that...more

Constangy, Brooks, Smith & Prophete, LLP

Labor law roundup

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I hope this won't ruin your Labor Day weekend. The employer-unfriendly decisions from the National Labor Relations Board have been coming fast and furious. In honor of the holiday, here's a short recap. As you probably...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

Fisher Phillips

Snapshot on Manufacturing Industry: Your Handbook Might Need Immediate Changes

Fisher Phillips on

Welcome to FP Snapshot on Manufacturing Industry, where we take a quick snapshot look at the most significant workplace law developments over the past month with an emphasis on how they impact manufacturers. This edition is...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

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

Nutter McClennen & Fish LLP

Reversing an Earlier Decision, the NLRB Insinuates Itself Further Into the Non-Union Workplace

Nutter McClennen & Fish LLP on

In Stericyle, Inc., issued on August 2, 2023, the National Labor Relations Board (NLRB) discarded an earlier decision and established a new test for determining whether an employer’s work rule constitutes an unfair labor...more

Weintraub Tobin

Employers Beware of NLRB’s New Work Rules

Weintraub Tobin on

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a decision in Stericycle, Inc., in which they adopted new rules for evaluating whether the policies related to employee conduct in employee handbooks...more

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

Gould + Ratner LLP

NLRB Shifts to More Employee-Friendly Work Rule Standard

Gould + Ratner LLP on

On August 2, 2023, the current version of the National Labor Relations Board (NLRB) issued a decision in Stericycle, Inc. and Teamsters Local 628 (Stericycle) that again shifts its position on employer work rules or other...more

Miles & Stockbridge P.C.

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

Miles & Stockbridge P.C. on

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

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

Bowditch & Dewey

NLRB Adopts New Standard for Evaluating Lawfulness of Work Rules

Bowditch & Dewey on

On August 2, 2023, the National Labor Relations Board issued a decision in Stericycle Inc., which adopts a new standard for how the NLRB will evaluate workplace policies and rules when determining if they interfere with...more

Morgan Lewis

NLRB Adopts New Standard for Assessing Facial Lawfulness of Employer Work Rules

Morgan Lewis on

The National Labor Relations Board (NLRB or the Board), in a 3-1 decision on August 1, 2023, once again overruled existing precedent and declared that all employer work rules that reasonably could be read to restrict Section...more

Bond Schoeneck & King PLLC

NLRB Adopts New Legal Standard for Evaluating Employer Work Rules

Bond Schoeneck & King PLLC on

On August 2, 2023, the National Labor Relations Board (NLRB or Board) issued its decision in Stericycle, Inc., 372 NLRB No. 113 (2023), where it adopted a new legal standard to determine whether an employers’ work rules...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

Miller Canfield

Unions Gain an Organizing Edge: NLRB Lowers Bar for Challenging Work Rules

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The National Labor Relations Board (“NLRB”) has significantly lowered the bar for unions and employees who seek to challenge the validity of work rules, particularly those related to civility, solicitation, confidentiality...more

Williams Mullen

Tales from the NLRB: Work Rules May Be Presumptively Unlawful

Williams Mullen on

In a case of déjà vu all over again, on August 2, 2023, the National Labor Relations Board (Board) returned to the Obama era ruling that facially neutral work rules may be per se violative of Section 7 of the National Labor...more

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