NLRB Decisions Restore Employers’ Right to Use Work Rules to Control Workplace

During the last half of May 2020, the National Labor Relations Board (Board) issued four decisions upholding the legality of employer facially neutral work rules. Two of the decisions applied the Boeing standard to assess the legality of work rules or policies while the other two decisions restored past precedent to find that an employers’ property rights outweighed employees’ right to engage in protected activities under §7 of the National Labor Relations Act (Act). The key highlights of those decisions, including guidance on drafting work rules and policies that are lawful under the Boeing standard, are summarized below.

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