In a significant turn of events, the National Labor Relations Board (NLRB or “the Board”) has shifted gears on its standing approach towards employment policies. Aimed at all employers, including those without union workers, the Board has changed its approach towards written employment policies and their potential to constitute unfair labor practice—a violation of the National Labor Relations Act (“NLRA”).
According to a recent legal news update from Morgan, Brown & Joy, LLP, on August 3, 2023, the NLRB considerably changed its stance, overturning its previous 2017 decision. This transition implements a new framework for the assessment of written employment policies and their possible intersection with unfair labor practice under the NLRA.
Employers globally will need to reassess their employment policies under this new employee-friendly standard. The Board’s shake-up alerts employers to the necessity of ensuring they remain compliant with not only the NLRA but also this latest interpretation from the NLRB. This reevaluation is particularly crucial since even companies without union workers fall under the range of this refreshed approach.
This new standard puts emphasis on the impact of written employment policies on both union and non-union workers. However, the specifics of this novel framework and its implications remain unknown to the public at this time. As legal professionals, keeping abreast of any further clarifications by the NLRB and remaining familiar with the evolving rules around this new standard is paramount.
As the situation continues to unfold and the particulars of the new standard become clearer, diligence in observing changes is essential for all organizations and legal professionals. With the shifting landscape of labor relations and employment law, adhering to the latest regulations and interpretations is more critical than ever.