As fall begins in many parts of the country and cooler temperatures move in, so do a range of new employment laws and proposed regulations. Some of these changes include a new employer work rules standard recently adopted by the National Labor Relations Board (“NLRB”), a long‑awaited guidance update on workplace harassment from the Equal Employment Opportunity Commission (“EEOC”) and a proposed increase to the minimum salary threshold for exempt employees and proposed regulations for the Pregnant Workers Fairness Act (“PWFA”).
The health care industry will be deeply impacted by these new employment regulations. With so many current and pending changes, employers should stay informed and remain compliant.
NLRB Adopts New Employer Work Rules Standard
On August 2, 2023, through its decision in Stericycle, Inc., the NLRB adopted a strict new standard for evaluating whether workplace rules infringe on employees’ rights under Section 7 of the National Labor Relations Act (“NLRA”). Section 7 of the NLRA protects employees’ rights to unionize and engage in “other concerted activities for the purpose of collective bargaining.” The Board’s decision in Stericycle, Inc., which overruled Boeing Co. (2017), will have a significant impact on employee policies.
The NLRB determined that the standard previously set in Boeing Co. was not sufficient because it “permit(ted) employers to adopt overbroad work rules that chill(ed) employees’ exercise of their rights under Section 7.” Under the...
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