News & Analysis as of

National Labor Relations Board Balancing Test Employer Liability Issues

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 -
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

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

Stokes Wagner

Is Your Employee Handbook Legal Under The NLRA? Yet another new opinion from the Board says maybe not

Stokes Wagner on

On August 2, the National Labor Relations Board issued its decision in Stericycle, Inc., 372 NLRB No. 113 (Aug. 2, 2023), announcing yet another test for determining whether employer policies that are facially neutral might...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

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

Verrill

Employers, Check Your Handbooks: New NLRB General Counsel Sets Course

Verrill on

On August 12, 2021 National Labor Relations Board (NLRB) General Counsel Abruzzo published her first memo setting forth the NLRB’s priorities. The memo identifies recent cases where the Board overruled past legal precedent in...more

Epstein Becker & Green

NLRB Solidifies Boeing and Provides Guidance on Employer Workplace Rules

Epstein Becker & Green on

As discussed in previous blog posts and articles, the National Labor Relations Board (NLRB), in Boeing Co., overruled past precedent that had resulted in the invalidation of “commonsense [workplace] rules and requirements...more

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

What’s the Deal with Employee Handbook Rules?

Recent cases and guidance from the National Labor Relations Board signal a shift in the standards for determining the legality of employer work rules. In this episode, Ruthie Goodboe from our Pittsburgh and Detroit (Metro)...more

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