Law professionals serving in the corporate sphere need to be well-acquainted with an important development from the National Labor Relations Board (NLRB). On August 2, 2023, a verdict was passed in Stericyle Inc., which overturned the legal framework the NLRB had been using since 2017 to evaluate the legality of workplace rules, such as those in employee handbooks. The NLRB largely returned to the legal structure utilized before 2017.
This shift in stance by the NLRB is highly significant and has myriad implications for the corporate field. The updated standard presumes workplace rules to be illegal if they can potentially deter employees from participating in concerted action. This is a substantial departure from recent trends, requiring renewed scrutiny of policies in order to ensure adherence to these adjusted guidelines.
As the implications of this change are vast, it is strongly recommended that corporations, law firms, and legal consultants prioritize a comprehensive review of their existing guidelines and handbooks. At no point should current policies infringe upon an employee’s right to partake in concerted activity. Given the NLRB’s historical mandate to protect employees’ rights, failure to realign such documents could potentially lead to significant legal challenges.
It is also advisable to have experienced legal counsel guide any review and potential modifications of company policies. Their expertise in current labor laws will be vital in ensuring full compliance with the legal framework set forth by the NLRB. Therefore, lawyers, regardless of their fields of specialization, should acquaint themselves with the detailed specifics of the Stericyle Inc. ruling, as it is likely to shape the legal landscape of labor law for the foreseeable future.