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Workplace Rules Seldom Pass Trump Labor Board’s Legal Test

Aug. 7, 2019, 9:43 AM

Workplace policies mandating confidentiality, restricting workers’ ability to speak with the news media, and regulating their social media use largely failed judicial review despite the Trump labor board changing the legal framework for assessing rules in employers’ favor.

Administrative law judges struck down 16 of the 17 confidentiality rules that they’ve examined in cases applying the National Labor Relations Board’s December 2017 decision in Boeing, an analysis of rulings shows.

Judges similarly rejected four of five regulations on social media use and all five news media policies they reviewed. The decisions against confidentiality, social media, and news media rules...

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