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Handbooks Need Revision Following NLRB Ruling


Many employer handbooks and policies likely should be reviewed and revised following a landmark Aug. 2 ruling by the National Labor Relations Board (NLRB), Stericycle.


If the general counsel provides such proof, the rule is presumptively unlawful. However, the employer may counter the presumption by proving that the rule advances a legitimate and substantial business interest and that the employer can't advance that interest with a more narrowly tailored rule. If the employer proves this, the work rule will be found lawful.

However, "with little actual guidance about the meaning of the phrases above, needless to say, it is an incredibly uphill battle if an employer finds itself trying to rebut the presumption," said Jason Reisman, an attorney with Blank Rome in Philadelphia.

"Handbooks Need Revision Following NLRB Ruling," by Allen Smith was published in SHRM on August 4, 2023.