Now that the NLRB can resume issuing decisions, employers would like several prior NLRB decisions to be reversed (or at least limited), especially to non-union employees. These are my top 3 cases on that list:
* Stericycle, Inc., 372 NRLB No. 113 (2023), which held that facially neutral employment rules or policies (social media, negative conduct by employees, and maintaining confidentiality) are presumptively invalid if a reasonable employee could interpret them as interfering with employees’ rights.
* McLaren Macomb, 372 NLRB No. 58 (2023), which held that broadly worded confidentiality and non-disparagement clauses in separation agreements were violations of employees’ rights.
* Lion Elastomers, LLC II, 372 NLRB No. 25 (2024), which limited an employer’s ability to discipline employees for verbally abusive conduct related to working conduction, even if that conduct potentially violates anti-discrimination law.
* Stericycle, Inc., 372 NRLB No. 113 (2023), which held that facially neutral employment rules or policies (social media, negative conduct by employees, and maintaining confidentiality) are presumptively invalid if a reasonable employee could interpret them as interfering with employees’ rights.
* McLaren Macomb, 372 NLRB No. 58 (2023), which held that broadly worded confidentiality and non-disparagement clauses in separation agreements were violations of employees’ rights.
* Lion Elastomers, LLC II, 372 NLRB No. 25 (2024), which limited an employer’s ability to discipline employees for verbally abusive conduct related to working conduction, even if that conduct potentially violates anti-discrimination law.
What 3 case would you like limited or reversed?