In light of recent developments in labor law, all organizations are advised to carry out comprehensive reviews of their employee handbooks. These proposed changes have emerged from new rulings by the National Labor Relations Board (NLRB).
Since 2017, employers have been able to rely on The Boeing Company, 365 NLRB No. 154 (2017) — referred to commonly as “Boeing” — for robust guidance regarding the legality of their work rules, which include policies and manuals contained in employee handbooks. This significant precedent outlined categories of workplace rules that were either always lawful, always unlawful, or necessitated individual evaluation through a balancing test. This test determined the impact of these rules on employees’ rights that are protected under the National Labor Relations Act (NLRA).
However, given a recent fresh interpretation under these rulings, legal teams across corporations have been prompted to reconsider the constitution of their employee handbooks to ensure they remain compliant.
Boeing’s impact on the enforcement of work rules was substantial due to the certainty it provided for employers. The classification of certain rules as either always lawful or always unlawful gave clear guidance for employers when drafting or enforcing these restrictions.
The latest NLRB ruling suggests an alteration in the evaluation of work rules. Coupled with the potential shift in workplace dynamics since the onset of the COVID-19 pandemic, Boeing’s framework may no longer be fully applicable, necessitating the review. JD Supra provides more comprehensive coverage on this subject for interested readers.
This re-evaluation provides corporate legal professionals and human resource departments an opportunity to not only safeguard their employers from violation of labor laws, but also to revisite the policies that govern their workplaces, being mindful of their relevance in the current evolving work environment.