The National Labor Relations Board (NLRB) has issued a statement that might impact both union and non-union employers. Based on its recent decision in the Stericycle, Inc. case, the NLRB places more emphasis on safeguarding worker rights protected by Section 7 of the National Labor Relations Act (NLRA).
As a result of this new standard, corporations and law organizations should carefully review and, if necessary, update their employee handbooks, as was noted by legal news outlet JD Supra. A misstep in this area could create serious legal implications for companies. More details about the NLRB’s decisions and the implications for companies can be found here.
The NLRB’s new framework underlines the importance of examining well-defined workplace rules, even those established with good intentions, which could potentially violate federal laws. The Board has effectively raised the bar for determining if an employer’s policies breach federal law.
Here are critical steps for legal teams in reviewing their workplace policies:
- Understanding the Updated Regulations: Legal departments must familiarize themselves with the new standard. Section 7 of the NLRA protects activities including the right to form, join or assist labor organizations, and to engage in other concerted activities for mutual aid or protection.
- Reviewing Employee Handbooks: It is important to conduct a thorough review of the current policies to identify any potential risk areas that might be inconsistent with the new standard. This review should include sections on collective bargaining, disciplinary procedures, social media use, and any policies that may restrict employees’ rights under the NLRA.
- Updating policies: Based on the review, legal teams are advised to update their policies to ensure they align with the NLRB’s updated regulations. This might also provide an opportunity to clarify any existing policies that might be seen as ambiguously impacting workers’ rights.
The issuance of this new standard highlights how changes factoring into labor law require diligent attention. As countries and industries evolve in their approach to employment practices and regulations, it is incumbent on corporate law firms to stay aware of these shifting landscapes and adapt accordingly. Legal teams should consider this a timely reminder of the need to continually monitor the legislative environment and adjust their policies to reflect these changes.