New NLRB Standard Tilts Balance Toward Employee Rights

In a decision applicable to both unionized and non-union employers, on August 2, 2023, the National Labor Relations Board (NLRB) overturned a prior 2017 decision that afforded employers flexibility in the policies and procedures they use to govern the workplace and changed its standard for assessing whether certain categories of work rules are lawful to maintain. The NLRB’s new standard outlined in its Stericycle, Inc. decision requires employers to articulate a legitimate business interest in the particular policy and ensure the policy is narrowly tailored. Labor & Employment Practice Group member Jaycee Booth discusses the history of the NLRB’s standard for assessing neutral work rules and explains the new balancing test the NLRB will use to assess whether an employer’s policies will violate the National Labor Relations Act.

About Jaycee Booth

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