The National Labor Relations Board (NLRB) issued a recent decision that will alter the manner in which employers’ workplace rules, including policies outlined in handbooks, are evaluated for potential violations of the National Labor Relations Act (NLRA). The decision was handed down on August 2, 2023, instating a new standard that looks to redress rules against potentially curbing rights that employees have under Section 7 of the NLRA. The new standard is seen as a more rigorous scrutiny approach towards workplace regulation.
Section 7 of the NLRA guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” It’s notably crucial for labor law as it upholds employees’ rights to engage in union-related activities and protections against unfair labor practices.
This change in assessment criteria is predicted to impact greatly the regulation of workplaces, particularly for larger corporations and law firms where employee policy often extends across numerous sectors and departments. Employers will now need to pay more careful consideration to their workplace rules to ensure they do not infringe upon the rights protected under Section 7 of the NLRA. This may demand a re-evaluation of existing policies and revision, where necessary, to meet the new NLRB standards.
In light of this, it is recommended that all employers, regardless of their size or the nature of their business, conduct a comprehensive review of their existing workplace rules and regulations. This will help to identify any potential areas of non-compliance and address them before they become a legal issue.
To read the full context and implications of the new NLRB standard, follow the full explanation here.