The National Labor Relations Board’s August 2023 Stericycle ruling adopted a strict new legal standard for evaluating the validity of workplace rules under the National Labor Relations Act. The Board overruled its prior standard, under which workplace rules were treated either as categorically lawful or as subject to a balancing test that weighed their tendency to restrict employee rights (e.g., the right to organize and bargain collectively) against the business needs justifying them. The Board’s new standard represents a return to a case-by-case review of workplace rules and heightened scrutiny of employer policies. This ruling applies to all employers.
We are currently reviewing the Policies and Procedures resource with an eye towards the Board’s new standard and will revise language in XpertHR’s policies and procedures as needed to align with our current and best understanding of the new standard and its implications for employers.