What This Means for Employers You should continue to: • Review and revise employee handbooks, confidentiality policies, and separation agreements to match the strict Stericycle standard. • Evaluate whether any work rule could reasonably be interpreted to discourage employees from engaging in protected concerted activity. • Be cautious about civility, code of conduct, respect, and social media policies. • Avoid overreliance on savings clauses or disclaimers as these will not cure vague or overbroad language. • Expect continued enforcement by NLRB Regional Offices and ALJs applying Stericycle until it is expressly overturned. Key Takeaway: Employers should not assume that a more conservative Board will immediately or retroactively shift standards. Don’t let the political shift lull you into inaction. Policy reviews and compliance efforts must continue under the current Stericycle standard until further notice. Looking Ahead Employers might feel hopeful upon learning that President Trump nominated Crystal Carey to serve as the Board’s General Counsel. If confirmed, Carey would play a key role in shaping the Board’s enforcement priorities and legal arguments. But while a future Trump-appointed NLRB may eventually overturn or revise Stericycle , any changes will take time. For now, these decisions summarized above remain intact and continue to shape labor law, due to a lack of quorum at the Board. As of now: • There has been no decision overruling Stericycle. • The standard is being enforced retroactively. • Employers must remain vigilant in assessing policies through the lens of the current Stericycle framework. Until a new standard is formally adopted, assume Stericycle is here to stay. Continue monitoring ALJ decisions and NLRB developments closely and consult with counsel before implementing or enforcing workplace rules that could implicate employee rights under the NLRA. Conclusion Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information direct to your inbox. For further information, contact your Fisher Phillips attorney, the authors of this Insight, or any member of our Labor Relations group.
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