Punching In: Labor Board’s New Test for Work Rules Takes Shape

March 25, 2024, 9:30 AM UTC

Monday morning musings for workplace watchers.

NLRB’s Work Rules Test in Action|States Further Limit Noncompetes

Robert Iafolla: A recent National Labor Relations Board judge’s decision against an ExxonMobil Corp. subsidiary marked the 12th time in 13 cases that an agency jurist found that a company violated the board’s new legal test for work rules, a Bloomberg Law analysis found.

ExxonMobil Global Services Co.’s rule protecting corporate information was one of the 26 employer rules or policies that administrative law judges said ran afoul of the NLRB’s standard from its August 2023 decision in Stericycle, Inc.

Overall, ALJs have found fault ...

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