Analysis

Workplace Rules And Trump's NLRB: What Passes Muster?

Law360 (February 6, 2019, 4:18 PM EST) -- Although it's been more than a year since the National Labor Relations Board adopted a more business-friendly test for deciding whether employee handbook rules violate federal labor law, employers are still unsure how the new standard applies.

The new test, which came in a case involving Boeing, gives businesses an opportunity to justify rules that restrict workers' rights to engage in group activity, in contrast to the prior, more rigid Lutheran Heritage Village-Livonia standard. But the board has been slow to flesh out the new standard, leaving businesses unclear on how to audit their employee handbooks for National Labor Relations Act...

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