News & Analysis as of September 18, 2024

Employee Handbooks › The National Labor Relations Act › Boeing

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Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both... more +

Employee Handbooks are reference manuals for new and current employees on the policies and procedures of a particular employer. A comprehensive employee handbooks outlines expectations and obligations for both employees and employers and is an important part of effective human resource management. A proper handbook contains detailed information on non-disclosure and conflict of interest obligations, work schedules, employee compensation and benefits, anti-discrimination policies, and codes of conduct to name a few. less -

The Practical NLRB Advisor: Fall 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/10/2023

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

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

Mitchell, Williams, Selig, Gates & Woodyard,... on 10/6/2023

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

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

Lathrop GPM on 8/31/2023

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

NLRB Puts Employment Handbooks Under More Scrutiny

Foster Swift Collins & Smith on 8/29/2023

Employers often have workplace policies which are typically contained in an employment handbook. These handbooks may include policies regarding the confidentiality of business information, the use of cell phones during work,...more

NLRB Establishes New Work Rule Standard: Time to Revise Handbooks and Policies

Foley & Lardner LLP on 8/29/2023

On August 2, 2023, the National Labor Relations Board (NLRB or “Board”) published an opinion regarding employer work rules. That opinion in the Stericycle and Teamsters Local 628 matter clarified that employer work rules that...more

NLRB Sets New Standard for Evaluating Workplace Rules

Venable LLP on 8/29/2023

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

Employer Work Rules Need Review Due To NLRB Strict New Standard

Laner Muchin, Ltd. on 8/22/2023

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

Employers Beware of NLRB’s New Work Rules

Weintraub Tobin on 8/18/2023

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

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

Constangy, Brooks, Smith & Prophete, LLP on 8/17/2023

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

NLRB Shifts to More Employee-Friendly Work Rule Standard

Gould + Ratner LLP on 8/17/2023

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

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

Miles & Stockbridge P.C. on 8/16/2023

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

NLRB Increases Scrutiny of Workplace Rules

Stinson LLP on 8/15/2023

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

NLRB Revises Standard for Evaluating Employer Policies

Smith Gambrell Russell on 8/15/2023

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

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

Genova Burns LLC on 8/11/2023

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

The NLRB Sets New Standard for Evaluating Employer Policies

Foley Hoag LLP on 8/11/2023

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

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

Davis Wright Tremaine LLP on 8/11/2023

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

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

BakerHostetler on 8/10/2023

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

NLRB Revises Test for Evaluating Workplace Policies

Bracewell LLP on 8/9/2023

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

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

Harris Beach PLLC on 8/9/2023

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

NLRB Adopts Tough New Standard for Workplace Rules

Littler on 8/9/2023

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

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

FordHarrison on 8/8/2023

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

NLRB Returns to a More Stringent Framework For Workplace Rules

Ballard Spahr LLP on 8/8/2023

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

NLRB Overturns (Again) Employer-Friendly Standard on Policies, Handbook Provisions, and Work Rules

ArentFox Schiff on 8/8/2023

Last week, in a setback for employers, the National Labor Relations Board (NLRB) adopted a new legal standard to determine whether facially neutral policies, handbook provisions, and work rules – those that don’t expressly...more

NLRB Establishes Stricter Test for Whether Employer Policies and Work Rules Violate the NLRA

Proskauer - Law and the Workplace on 8/8/2023

Late summer brings picnics, hiking, and general fun. It also brings a slew of NLRB decisions as the agency’s fiscal year comes to an end on September 30. One of the more highly-anticipated decisions concerns the lawfulness of...more

NLRB Turning Up the Heat Over Employee Handbooks

Ward and Smith, P.A. on 8/8/2023

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

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