Last year the NLRB's Boeing case set up 3 new "categories" for employee handbook policies:
- Category 1 (Green): Lawful rules that do not unduly restrict NLRA rights
- Category 2 (Yellow): Rules needing case-by-case analysis; Board weighs harm to employee rights against employer considerations;
- Category 3 (Red): Unlawful rules that unduly restrict NLRA rights
This recent memo from the NLRB's General Counsel categorizes some common workplace rules to illustrate.