In a much anticipated (yet thoroughly unsurprising) decision, on August 2, 2023, the National Labor Relations Board (NLRB or Board) again reversed precedent, crafting a what’s-old-is-new-again standard for evaluating – and easily invalidating – employer work rules. The long and short of the Board’s decision in Stericycle, Inc. is that employers can now expect, much as they did prior to 2017, that the NLRB will declare unlawful many commonplace, and common sense, employer rules designed to foster a productive and harmonious work environment.
