News & Analysis as of September 24, 2024

Employee Handbooks › Unions › Section 7

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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 -

Workplace Policy Updates Required: What Employers Need to Know About the NLRB's Stericycle Decision

Davis Wright Tremaine LLP on 11/2/2023

Are your employee handbooks and policies "chilling" employee conduct? This and other questions, answered - Employers should take note, the NLRB's recent Stericycle decision has broad implications for all U.S. employers...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 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

National Labor Relations Board Will Scrutinize Employee Handbook Policies Under New Standard

Quarles & Brady LLP on 8/25/2023

The National Labor Relations Board (Board) on August 2, 2023 announced a new and intrusive standard for evaluating whether many commonplace work rules and employee employment handbook provisions actually 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

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

Nutter McClennen & Fish LLP on 8/21/2023

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

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’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 Tells Employers to Review Their Handbooks Early This Year

Payne & Fears on 8/11/2023

Earlier this month, the National Labor Relations Board (the NLRB or the Board) released its highly anticipated decision in Stericycle Inc. The decision establishes a new, employee-friendly standard by which the Board will...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

NLRB Reverses a Prior Reversal: Employer Handbooks Face Scrutiny under NLRB Decision in Stericycle, Inc.

Butler Snow LLP on 8/10/2023

On August 2, 2023, the National Labor Relations Board (“NLRB”) issued a new legal standard to determine whether an employer’s workplace policy is “facially unlawful” under Section 8(a)(1) of the National Labor Relations Act....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

New NLRB Standard Places Greater Scrutiny on Employers' Workplace Rules

Parker Poe Adams & Bernstein LLP on 8/10/2023

On August 2, 2023, the National Labor Relations Board issued a groundbreaking decision, adopting a new standard to assess whether an employer’s workplace rules, including those found in handbooks, violate the National Labor...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 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

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

Jackson Lewis P.C. on 8/8/2023

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

The NLRB’s “Reasonable Employee” Definition Defies Common Sense: Time to Review Your Work Rules and Policies…Again.

Seyfarth Shaw LLP on 8/7/2023

Earlier last week, the National Labor Relations Board (“NLRB” or “Board”) overturned established precedent and held that a facially neutral work rule is presumptively unlawful if a “reasonable” employee predisposed to...more

Employers Should Prioritize Reviewing Their Handbooks in Light of New NLRB Decision

Carlton Fields on 8/7/2023

On August 2, 2023, in Stericyle Inc., the National Labor Relations Board abandoned the framework it had been using since 2017 to evaluate the legality of workplace rules, like those in employee handbooks. In its place, the...more

ALL EMPLOYERS BEWARE: Previously Lawful Employer Rules May Now Violate the NLRA Even in Non-Unionized Workplaces

Steptoe & Johnson PLLC on 8/4/2023

On August 2, 2023, the National Labor Relations Board (NLRB or the Board) decided a case called Stericycle, Inc. This case is the latest in what has been a continued effort to roll back precedents set under the Trump...more

Tales from the NLRB: Work Rules May Be Presumptively Unlawful

Williams Mullen on 8/4/2023

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

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

Fox Rothschild LLP on 8/4/2023

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

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