Vedder is an international business-focused law firm serving sophisticated clients of all sizes and industries from offices across the U.S. and in the UK and Asia.

A Business Focused Law Firm With a Global Reach | Vedder

On August 2, 2023, the National Labor Relations Board (“NLRB” or the “Board”) rejected an employer-friendly standard in favor of a modified and significantly less employer-friendly standard when evaluating whether a workplace rule violates the National Labor Relations Act (“NLRA”).  Stericycle, 372 NLRB No. 113 (2023).  In recent years, the Board’s opinion of what constitutes interference, restraint or coercion under the NLRA has changed depending on who is in the White House or on the Board.  This new ruling confirms the Board’s intention to increase scrutiny of employer’s workplace rules and policies.The Board has now adopted a standard that presumes a work rule to be unlawful based on an employee’s understanding of the rule.  So long as an employee could “reasonably interpret” an employer’s rule to have a coercive meaning, the rule is presumptively unlawful, even if a contrary, non-coercive interpretation of the rule also is reasonable.  Importantly, the employer’s intent is irrelevant under the Board’s adopted standard.  Once a rule is presumptively unlawful, the employer may rebut the presumption by demonstrating that (1) the rule furthers a legitimate and substantial business interest, and (2) a more narrowly tailored rule cannot achieve this interest.  If the employer successfully rebuts the presumption, the rule is lawful under the NLRA.  Read more <a href="https://www.vedderprice.com/the-nlrb-tightens-standard-for-evaluating-employer-policies">here</a>.The Board’s standard applies to all employers, even if an employer does not have employees represented by a union.  In light of the revised standard, all employers are encouraged to review their employment policies and rules and consult with their labor counsel.

core/freeform

Vedder Works

Chicago

Gregory P. Ripple

Los Angeles

Gaby M. Mercurio

Affirmative Action & OFCCP Compliance

Executive Compensation & Employee Benefits

Mergers & Acquisitions

Occupational Safety and Health Law

Business Immigration

Class Action Defense

Restrictive Covenants & Trade Secrets

International Employment Law

Educational Institutions

Wage & Hour Compliance

Employee Stock Ownership Plans

Employment

Employment Class Action Defense

Employment Law Training

Employment Litigation and Avoidance

Labor Relations

Workplace Audits

Equal Opportunity/Discrimination Law

Workplace Counseling and Policies

Workplace Investigations

NLRB to Start Scrutinizing Employer Policies More Closely

NLRB to Start Scrutinizing Employer Policies More Closely

Related Capabilities

Related People

Stay up to date

Related Capabilities

Related People

Stay up to date

Slide Menu

Slide Search