NLRB’s Decision on Workplace Policies Requires Employers to Review and Revise Handbooks and Policies

Two years ago, the National Labor Relations Board (NLRB) signaled its intention to scrutinize workplace policies that may infringe on employees’ rights to engage in protected activity. This memo from the NLRB’s general counsel highlighted the importance of protecting employees’ rights under Section 7 of the National Labor Relations Act (NLRA). Recently, the decision in Stericycle, Inc. and Teamsters Local 628 has reinforced the NLRB’s stance, requiring employers to review their existing work rules, policies, and procedures to ensure compliance with the new standard. This article examines the implications of the decision and outlines the steps that employers should take to comply.

Background of the Stericycle, Inc. and Teamsters Local 628 decision

The Stericycle decision, which will be applied retroactively, has the potential to impact all workplaces, regardless of whether they are unionized or not. The NLRB’s ruling necessitates a thorough review of workplace policies to determine if they infringe on employees’ rights to engage in protected activity under the NLRA.

Impact of the decision on all workplaces, unionized or not

Employers are now required to examine their current work rules, policies, and procedures to ensure compliance with the new standard set by the NLRB. This decision highlights the need for employers to prioritize protecting employees’ rights and revise any policies that may infringe upon those rights.

Explanation of the new standard utilized by the NLRB

The NLRB’s new standard examines whether an employee would reasonably construe a work rule or policy as chilling protected conduct. To avoid violating the NLRA, employers must demonstrate that their workplace conduct rules are narrowly tailored to serve a legitimate and substantial business interest and that there is no alternative, less restrictive rule that could achieve the same objective.

NLRB’s case-by-case analysis of future policies

The NLRB has stated that it will assess future policies on a case-by-case basis, closely examining the specific language of each rule and the employer interest invoked to justify it. This approach aims to ensure that workplace policies strike an appropriate balance between protecting employees’ rights and advancing legitimate business interests.

Necessity for employers to review and revise employee handbooks and policies

Given the implications of the Stericycle decision, employers must promptly review their employee handbooks and policies to ensure compliance. Several provisions, including those related to confidentiality, social media, disciplinary rules, workplace civility, loitering, restrictions on recording in the workplace, and NLRA disclaimers, should be closely examined and potentially revised.

Overturning of prior standards and the impact on employers

The Board’s decision in Stericycle overruled previous standards that allowed employers to adopt overly broad work rules that discouraged employees from exercising their Section 7 NLRA rights. Employers must now prioritize the protection of these rights and carefully consider the impact of their policies on employees’ ability to engage in protected activity.

Factors considered by the NLRB in its case-by-case analysis

In the case-by-case analysis, the NLRB will consider various factors, including the specific wording of rules, the industry and workplace context, the employer interest being invoked, and the potential infringement on employees’ statutory rights. This approach ensures that each policy is carefully evaluated to strike the right balance between protecting rights and advancing business interests.

Retroactive application of the new standard and the need for compliance review

The NLRB has clarified that the new standard will be applied retroactively. Thus, employers must promptly review their handbooks and policies to ensure compliance. It is essential to address any potential issues and make necessary revisions to align with the NLRB’s Stericycle decision.

The NLRB’s decision in Stericycle reinforces the agency’s commitment to protecting employees’ rights under the NLRA. Employers must prioritize compliance and review their existing work rules, policies, and procedures to ensure they meet the new standard set by the NLRB. By doing so, employers can proactively address any potential issues and create a workplace environment that respects employees’ rights and promotes a fair and productive atmosphere.

Explore more

How AI Agents Work: Types, Uses, Vendors, and Future

From Scripted Bots to Autonomous Coworkers: Why AI Agents Matter Now Everyday workflows are quietly shifting from predictable point-and-click forms into fluid conversations with software that listens, reasons, and takes action across tools without being micromanaged at every step. The momentum behind this change did not arise overnight; organizations spent years automating tasks inside rigid templates only to find that

AI Coding Agents – Review

A Surge Meets Old Lessons Executives promised dazzling efficiency and cost savings by letting AI write most of the code while humans merely supervise, but the past months told a sharper story about speed without discipline turning routine mistakes into outages, leaks, and public postmortems that no board wants to read. Enthusiasm did not vanish; it matured. The technology accelerated

Open Loop Transit Payments – Review

A Fare Without Friction Millions of riders today expect to tap a bank card or phone at a gate, glide through in under half a second, and trust that the system will sort out the best fare later without standing in line for a special card. That expectation sits at the heart of Mastercard’s enhanced open-loop transit solution, which replaces

OVHcloud Unveils 3-AZ Berlin Region for Sovereign EU Cloud

A Launch That Raised The Stakes Under the TV tower’s gaze, a new cloud region stitched across Berlin quietly went live with three availability zones spaced by dozens of kilometers, each with its own power, cooling, and networking, and it recalibrated how European institutions plan for resilience and control. The design read like a utility blueprint rather than a tech

Can the Energy Transition Keep Pace With the AI Boom?

Introduction Power bills are rising even as cleaner energy gains ground because AI’s electricity hunger is rewriting the grid’s playbook and compressing timelines once thought generous. The collision of surging digital demand, sharpened corporate strategy, and evolving policy has turned the energy transition from a marathon into a series of sprints. Data centers, crypto mines, and electrifying freight now press