Labor Board Ditches Trump-Era Framework for Workplace Rules (1)

Aug. 2, 2023, 6:34 PM UTCUpdated: Aug. 2, 2023, 7:37 PM UTC

The National Labor Relations Board retooled its legal framework for assessing the legality of workplace rules and employer handbook policies, scrapping the employer-friendly standard set during the Trump administration.

The Democratic-majority NLRB’s 3-1 ruling Wednesday adopts a test similar to what was in place before the 2017 change in Boeing Co. That new standard turns on whether workers would read a rule in question as restricting their rights to act together to improve their workplace, while allowing employers to prove it’s necessary to advance legitimate interests that can’t be achieved by a narrower directive.

Boeing gave too little ...

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