Recently, in Stericycle, Inc. and Teamsters Local 628, a majority of the National Labor Relations Board (Board) adopted a new standard that could make employer work rules unlawful under the National Labor Relations Act (NLRA), even if they do not explicitly prohibit employees from engaging in protected concerted activities under Section 7 of the NLRA, such as forming or joining a union, and collectively bargaining wages and other working conditions.

In light of this, employers should consider whether their existing employee handbooks and other workplace policies and rules are still compliant, and what steps can be taken to mitigate related legal risks.

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