Pendulum swings back: NLRB targets neutral work rules in reversal of prior ruling

Think over the policies in your handbooks. Do you have one that requires workplace civility (“Thou shalt not be disrespectful or insubordinate to thine coworkers or supervisors”)? Or one that requires employees to keep workplace investigations (such as sexual harassment investigations) confidential?

Such facially neutral workplace rules would have been considered automatically reasonable and not subject to challenge under the National Labor Relations Act (NRLA) based on previous National Labor Relations Board (NLRB) decisions. But employers can no longer rest assured that such rules will be considered lawful after a recent Board decision issued in August.