NLRB Sets New Standard for Employee Handbooks for All Employers
August 2, 2023
The National Labor Relations Board (NLRB) ruled on August 2, 2023, to overturn a recent precedent and change the standard for evaluating workplace rules. The new ruling, Stericycle, Inc. , was issued under Section 7 of the National Labor Relations Act and, thus, applies to all employers, without regard for the union status of any employees.
The prior standard, Boeing Co., established in 2017 and re-affirmed two years later, was highly regarded in the business community, as it recognized an employer’s interest in employee conduct that could affect both the behavior of its workforce and its public reputation. That standard was deemed by this Board as being insufficiently protective of employees’ concerted protected activity, that is, employees’ rights to act together to affect the terms and conditions of employment. At the core the Board’s ruling is a belief that workers will interpret even commonplace workplace rules as restricting their rights. By overturning Boeing’s clarity and focusing on the workers’ interpretation of a workplace rule, the decision introduces a level of ambiguity that the Boeing standard sought to minimize. Nonetheless, the Board has ruled that it
- will interpret the rule from the perspective of an employee who is subject to the rule and economically dependent on the employer, and who also contemplates engaging in protected concerted activity. Consistent with this perspective, the employer’s intent in maintaining a rule is immaterial. Rather, if an employee could reasonably interpret the rule to have a coercive meaning, the General Counsel will carry her burden, even if a contrary, noncoercive interpretation of the rule is also reasonable. [emphasis added]
Rather than being able to rely on previously legal handbooks, employers will now have to demonstrate that a challenged rule is narrowly tailored to “advance legitimate and substantial business interests” without demeaning or interfering with the workers’ Section 7 rights.
This pending ruling has been the subject of intense scrutiny, causing the Board to seek briefs from the public. Of considerable interest were and are the implications of the ruling on such sensitive matters as confidentiality of workplace investigations, including those for sexual harassment, the anonymity of witnesses, conflicts of interest, nondisparagement, and other similar workplace rules. Those subjects are now open to worker challenges and Board review. Like the recent ruling limiting an employer’s ability to discipline abusive speech (Lion Elastomers), the Stericycle decision will renew questions about the wisdom of the NLRB’s apparent indifference to impact of its rulings on other laws and other interests affecting the workplace.
The midterms could reshape the legislative and regulatory landscape for employers. Join FortneyScott attorneys on Tuesday, November 17, 2026, from 12:00pm to 1:00pm EST , for a fast-paced discussion of what’s ahead in Congress and key federal agencies. We’ll cover the Congressional lame duck session and the new 120th Congress, agency priorities, nominations, and expected developments at the DOL, EEOC, NLRB, and DOJ affecting labor, employment, immigration, and DEI issues. Get a clear view of the policy and enforcement trends employers need to watch. Please click here to register for this webinar.
Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist.
Join FortneyScott attorneys on Wednesday, October 28, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on wage and hour. Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist. To register for this webinar, please CLICK HERE .
On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communications.
Register for FortneyScott's Webinar on New OFCCP Regulations – What Federal Contractors Need to Know
Join FortneyScott attorneys on Thursday, September 10, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on the revised OFCCP regulations and how contractors should respond. To register, click here . On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communication s. To register for this webinar, please CLICK HERE .
The U.S. Department of Labor (DOL) will publish in the Federal Register the three final rules impacting federal contractor regulations on Friday, August 21, 2026. Executive Order 11246 regulations – DOL finalized the rescission of its regulations for EO 11246, effective October 26, 2026, to eliminate the obligations of federal contractors to prepare affirmative action plans based on race and sex, in addition to nondiscrimination provisions, and additional compliance requirements. This is to align with EO 14373, wherein President Trump rescinded EO 11246. Section 503 of Rehabilitation Act – DOL finalized the elimination of the disability self-identification requirements as well as the 7% utilization goal. In addition, the CC-305 Form will be eliminated. DOL holds that the Americans with Disabilities Act prohibits employers, including federal contractors, from collecting voluntary disability identification from applicants and employees. The nondiscrimination and reasonable accommodation requirements are maintained. Contractors with 50 or more employees and $50,000 or more in contracts will continue to be required to prepare affirmative action plans and to assess their outreach and recruitment. DOL moved the administrative procedures provisions from EO 11246 regulations here. VEVRAA – DOL’s revisions to the VEVRAA regulations were mostly technical, retaining the obligation to provide voluntary self-identification of veterans and to prepare affirmative action plans. DOL added the administrative procedures to these regulations and updated the jurisdictional threshold from $150,000 to $200,000. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for more information.
The midterms could reshape the legislative and regulatory landscape for employers. Join FortneyScott attorneys on Tuesday, November 17, 2026, from 12:00pm to 1:00pm EST , for a fast-paced discussion of what’s ahead in Congress and key federal agencies. We’ll cover the Congressional lame duck session and the new 120th Congress, agency priorities, nominations, and expected developments at the DOL, EEOC, NLRB, and DOJ affecting labor, employment, immigration, and DEI issues. Get a clear view of the policy and enforcement trends employers need to watch. Please click here to register for this webinar.
Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist.
Join FortneyScott attorneys on Wednesday, October 28, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on wage and hour. Wage-and-hour compliance continues to be a priority as it evolves in 2026, with new U.S. Department of Labor opinion letters addressing compensable time, travel, meal periods, rounding, bonuses, exemptions and tip practices, alongside significant federal enforcement activity. This one-hour webinar will examine the year’s most important federal developments and translate them into practical compliance lessons for employers. The program will also highlight distinctive District of Columbia wage-and-hour requirements, including current minimum and tipped wage rates, overtime, wage notices, pay statements and recordkeeping obligations, and will conclude with a practical wage-and-hour audit checklist. To register for this webinar, please CLICK HERE .
On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communications.
Register for FortneyScott's Webinar on New OFCCP Regulations – What Federal Contractors Need to Know
Join FortneyScott attorneys on Thursday, September 10, 2026 from 12:00pm to 1:00pm EDT for a timely and practical webinar on the revised OFCCP regulations and how contractors should respond. To register, click here . On August 21, 2026, the OFCCP finally published its final rules upending long-standing affirmative action requirements for federal contractors. While the elimination of EO 11246 regulations was expected, the substantial changes to Section 503 were less expected. By September 21, contractors must not only update their systems to remove now banned requirements but also determine how they will meet their affirmative action requirements without data collection. We will break down the most important developments, explain which obligations remain in place, and highlight practical steps organizations can take now to reduce risk, preserve defensible compliance practices, and prepare for what comes next. In this webinar, you will learn how to: Identify the OFCCP changes most likely to affect your affirmative action program strategy; Evaluate how revised Section 503 requirements may affect disability-related data collection, outreach, and documentation; Understand continuing VEVRAA obligations for protected veteran compliance. Manage transition issues for current and upcoming AAP cycles; and Prioritize practical next steps for policies, records, audits, and stakeholder communication s. To register for this webinar, please CLICK HERE .
The U.S. Department of Labor (DOL) will publish in the Federal Register the three final rules impacting federal contractor regulations on Friday, August 21, 2026. Executive Order 11246 regulations – DOL finalized the rescission of its regulations for EO 11246, effective October 26, 2026, to eliminate the obligations of federal contractors to prepare affirmative action plans based on race and sex, in addition to nondiscrimination provisions, and additional compliance requirements. This is to align with EO 14373, wherein President Trump rescinded EO 11246. Section 503 of Rehabilitation Act – DOL finalized the elimination of the disability self-identification requirements as well as the 7% utilization goal. In addition, the CC-305 Form will be eliminated. DOL holds that the Americans with Disabilities Act prohibits employers, including federal contractors, from collecting voluntary disability identification from applicants and employees. The nondiscrimination and reasonable accommodation requirements are maintained. Contractors with 50 or more employees and $50,000 or more in contracts will continue to be required to prepare affirmative action plans and to assess their outreach and recruitment. DOL moved the administrative procedures provisions from EO 11246 regulations here. VEVRAA – DOL’s revisions to the VEVRAA regulations were mostly technical, retaining the obligation to provide voluntary self-identification of veterans and to prepare affirmative action plans. DOL added the administrative procedures to these regulations and updated the jurisdictional threshold from $150,000 to $200,000. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for more information.
The EEOC voted 2 to 1 on Tuesday, July 21st to issue a Notice of Proposed Rulemaking (NPRM) to rescind the requirement for employers and other covered entities to file an annual report with the EEOC summarizing aggregate data on their employees’ race and sex (reports known respectively as the EEO-1, EEO-2, EEO-3, EEO-4, EEO-5, and EEO-6 reports or EEO Data Reports). This includes the rescission of recordkeeping requirements related to these reports. The proposal states that the Commission has determined the EEO Reports are inconsistent with equal employment opportunity law, may raise constitutional concerns, and that the collection of data is not narrowly tailored or necessary to enforce anti-discrimination statutes. EEOC determined that the reports, which had been collected since, 1966, have limited value, which was outweighed by the significant burdens they impose on employers and on the Commission. Once the NPRM is published in the Federal Register, individuals will have only 30 days to submit comments on the 60-page proposal. The Institute for Workforce Equality is planning to submit comments. Please contact your FortneyScott attorney or email us at info@fortneyscott.com with any thoughts you have on the proposed rescission, or on employer record-keeping obligations generally.
On Wednesday, June 24, 2026, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) extended EEOC’s information collection under the Uniform Guidelines on Employee Selection Procedures (UGESP) through June 29, 2029. UGESP requires employers covered by Title VII to collect and maintain records on the race, sex and ethnicity of those impacted by their employment selection procedures but does not require employers to report the data. EEOC and other enforcing agencies can then demand to see such data in connection with any investigation of employment discrimination. Please contact your FortneyScott attorney or email us at info@fortneyscott.com for additional information.
The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: The Directive’s scope and coverage Reporting obligations under the Directive Status of Member State transposition Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance.
Join FortneyScott attorneys on Thursday, June 11, 2026, from 12:00 p.m. to 1:00 p.m. EDT for a complimentary webinar on the European Union (“EU”) Pay Transparency Directive (the “Directive”). To register, please click here . The Directive is driving a significant shift in compensation reporting and transparency across the EU, and requires employers to disclose salary ranges to applicants, share internal pay-setting criteria, and conduct gender pay reporting. With the June 7, 2026, deadline for Member States to transpose the Directive into national law, employers need to understand their compliance obligations and prepare for unresolved implementation questions. In this webinar, FortneyScott attorneys will help U.S. companies with operations in the EU understand the Directive’s requirements, including how they differ from U.S. compliance frameworks. We will discuss best practice lessons that can be adopted from U.S. pay transparency and reporting laws and, importantly, provide key contrasts of the U.S. practices that are not applicable in the EU. Key topics include: · The Directive’s scope and coverage · Reporting obligations under the Directive · Status of Member State transposition · Practical compliance steps employers can take now Who should attend. This webinar is designed for in-house counsel, HR leaders, and senior professionals at multi-national organizations responsible for compensation, benefits, and employment law compliance. Register to attend. To register, please click here .
