NLRB Ruling on Workplace Conduct Rules

On Aug. 2, 2023, The National Labor Relations Board (NLRB) announced the new legal standard it will use to judge whether an employer’s rules and policies are lawful. This decision will likely invalidate countless workplace rules and employment policies maintained by private-sector employers—whether they are unionized or not. Note that NLRB decisions apply to all private-sector employers, so this ruling applies to all companies covered by the National Labor Relations Act (NLRA). The NLRA does not apply to federal, state, or local governmental units, railroads, or airlines.

The new NLRB ruling is the Stericycle, Inc. and Teamsters Local 628, 372 NLRB No. 113 (2023) case, which creates a new standard for evaluating whether a private employer’s workplace rules violate an employee’s “Section 7 Rights” under the National Labor Relations Act (NLRA).

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