Associate Authors Article for ‘Law360’ on Possible Future of NLRB Work Rule Test

BCLP Associate Patrick DePoy, a member of the Employment & Labor Practice, authored an article published April 8 by Law360 Employment Authority regarding a possible new approach to the National Labor Relations Board’s (NLRB) review of workplace rules. Many analysts believe the board will overturn its recent employer-friendly standard, as outlined in The Boeing Co. in 2017, and return to the previous framework established in Lutheran Heritage in 2004. “Boeing is likely doomed. The standard that takes its place may be a marginal improvement over Lutheran Heritage, but employers will still be faced with defending reasonable workplace rules before the NLRB,” he wrote. “Employers may reasonably take a wait-and-see approach until the board issues a ruling in Stericycle. However, once the board has acted, employers will need to quickly review their handbooks and policies to identify potentially unlawful provisions, and make revisions that align with the new standard – whatever that might be.”   Click here to read Patrick's full article .