On August 2, 2023, the National Labor Relations Board (NLRB or the “board”) issued a significant decision in Stericycle, Inc., 372 NLRB No. 113 (2023) that establishes a new legal standard for evaluating the lawfulness of an employer’s work rules, including policies and handbook provisions, that do not expressly restrict employee’s protected concerted activity under Section 7 of the National Labor Relations Act (NLRA)
The NLRA generally applies to both union and non-union workplaces and covers employees who are not public-sector employees, agricultural or domestic workers, independent contractors, workers employed by a parent or spouse, employees of air or rail carriers, or supervisors. Section 7 of the NLRA guarantees covered employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection,” and the right “to refrain from any or all such activities.”
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