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Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.  

Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.  

Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.  

Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.  

Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.  

Recent NLRB Decision Prompts Employers to Double-check Handbooks

Last week, the National Labor Relations Board issued an opinion in the case of Stericycle, Inc., that should cause most employers to take a second look at their policies and employee Handbooks. In short, the Stericycle opinion reverses years of Board precedent regarding when employer policies violate employees’ Section 7 rights, by improperly chilling the employee’s propensity to engage in concerted activity with fellow workers. 

After Stericycle, the Board will now consider whether an employer's workplace policy has a "reasonable tendency to chill" employee’ rights and whether a more "narrowly tailored" rule could equally serve the employer's interests. The standard outlined in Stericycle is much stricter on employers and will make it significantly easier for employees to successfully assert an unfair labor practice charge based upon such policies. 

Under the new Stericycle standard, the NLRB found that employer handbook policies violate the NLRA if the policies have a “reasonable tendency" to discourage employees from engaging in protected activity, including discussing terms and conditions of employment with colleagues. An employer's intent is "immaterial” according to the NLRB. The analysis will focus on whether a worker could "reasonably interpret the rule to have a coercive meaning."

The new standard will be interpreted “from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity." If an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel of the Board will have met her burden" of establishing a presumption that the rule is unlawful "even if a contrary, noncoercive interpretation of the rule is also reasonable." An employer "may rebut that presumption by proving that the rule advances a legitimate and substantial business interest and that the employer is unable to advance that interest with a more narrowly tailored rule." This will be a very tough standard for an employer to meet.

Action Items: Employers should double-check their employee policies, and especially their Handbooks, to determine if they contain any policies that could violate this new standard.