Daniel Johns discusses in Law360 a recent National Labor Relations Board (NLRB) administrative law judge decision involving Civic Influencers Inc. The judge found that a workplace rule prohibiting conduct that “lowers morale of fellow employees” unlawfully interfered with employees' rights under the National Labor Relations Act, even though there was no evidence the rule had actually restricted protected activity. Dan explains that the Stericycle framework has made it more difficult for employers to defend handbook policies and notes that the NLRB General Counsel has signaled an effort to overturn the standard and return to an approach that takes employers' legitimate business justifications into account. In the meantime, Daniel advises employers to continue reviewing workplace policies for compliance while ensuring they can articulate legitimate business reasons for maintaining them.

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