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NLRB ruling foreshadows scrutiny of workplace civility, social media rules

August 3, 2023

Via: HR Dive
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The National Labor Relations Board on Wednesday reversed its Trump-era stance that allowed employers to maintain certain handbook policies, such as those mandating a respectful workplace (Stericycle, Inc. and Teamsters Local 628).

The shift means all policies that restrict employee speech and actions must be reviewed — “and very likely rewritten,” according to Peter Spanos, a partner at law firm Taylor English.

Conduct rule draws NLRB ire

The decision came in a case examining, among other things, a Stericycle employee handbook policy that said employees were expected to behave in a manner conducive to efficient operations, and refrain from behavior that is damaging to the employer’s reputation. A failure to do so, the policy stated, could lead to corrective action up to and including termination.

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