Labor Board’s Pending Work Rule Change Muddles Employer Strategy
Mar 7, 2022

CDF Partner John Giovannone was quoted in the Bloomberg Law article "Labor Board’s Pending Work Rule Change Muddles Employer Strategy," on March 7, 2022.

Excerpt:

"The National Labor Relations Board’s reconsideration of its Trump-era legal framework for workplace rules and employee handbooks has put companies in limbo, with management-side lawyers divided on whether businesses should begin retooling policies or wait until the board rules.

Public comments are due Monday on the NLRB potentially scrapping the standard from its 2017 Boeing ruling and replacing it with a more restrictive test for determining if employer policies unlawfully infringe on employees’ rights to work together to improve job conditions. The board likely won’t rule in that case, which involves Stericycle Inc., for several months at the earliest.

“Are we living in a Boeing world or a post-Boeing world?” said John Giovannone, an attorney with CDF Labor Law LLP. “What I can tell you is there’s no uniform approach to an uncertain future.”

The NLRB’s legal framework for work rules has a significant impact in both union and non-union workplaces. The lawfulness of employer policies on a wide range of issues has been heavily litigated at the board over the past decade, labor lawyers said."

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