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NLRB May Institute New Standard for Work Rules

January 10, 2022

Via: SHRM

The National Labor Relations Board (NLRB) announced on Jan. 6 that it may replace a standard that made it easier to defend workplace policies. We’ve gathered articles on the news from SHRM Online and other outlets.

Standard Under Consideration

The NLRB invited briefs, due by March 7, in Stericycle Inc. on whether it should adopt a new legal standard to determine whether employer work rules violate the National Labor Relations Act (NLRA). The board noted that in the 2017 Boeing Co. decision, the NLRB established a new standard for analyzing the lawfulness of employer work rules, a standard that was later refined in LA Specialty Produce Co. The board also asked whether certain categories of work rules—such as investigative-confidentiality rules, nondisparagement rules and rules prohibiting outside employment—are always lawful.

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