New Sheriff(S) In Town: The NLRB Issues New Test For Workplace Rules

The National Labor Relations Board just relieved employers of a great deal of uncertainty surrounding seemingly innocuous workplace rules and handbooks. The newly constituted NLRB issued its first round of significant decisions this week, taking square-aim at controversial doctrines developed during the past eight years. One target in its sights: the Board's interpretation of Lutheran Heritage, the seminal 2004 decision involving workplace civility rules.

In its December 14 decision, the NLRB overruled Lutheran Heritage and issued a new test for facially neutral policies that potentially interfere with employees exercising their rights under the National Labor Relations Act (NLRA). Using a phrase that will be music to every employer's ears, the NLRB will now seek to "ensure a meaningful balancing of employee rights and employer interests" when analyzing attacks on handbook rules and policies.