The National Labor Relations Board (NLRB) seems ready to reconsider an Obama-era rule interpretation that had many employers modifying or even eliminating policies on workplace conduct, providing accurate information, confidentiality and progressive discipline.
The NLRB now has a majority of members appointed by President Donald Trump and it has been rolling back some of the more controversial rulings of the previous board. One of those came recently in a case involving the Boeing Co. and the legality of facially neutral work rules.
Lawyers for the law firm Jackson Lewis, NJBIA’s employment law hotline provider, indicate that ruling has implications in another case that could further roll back restrictions on work rules.
As attorneys Philip B. Rosen, Howard M. Bloom and Robert H. Morsilli explain, “In many instances, the Obama-era board appeared to disregard legitimate employer interests in maintaining work rules similar to those above. Therefore, many employers weakened their work rules to an extent that their continuing usefulness was questionable.”