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Q: How does the current National Labor Relations Board view employee handbook policies?
A: Under the Trump administration, the National Labor Relations Board (Board) has shifted in a more employer-friendly direction, including with respect to workplace policies. In a December 2017 decision, the NLRB reassessed the standard for evaluating when neutral workplace rules violate the National Labor Relations Act (NLRA). In that decision, the Board defined three categories of employer handbook rules and policies: (1) rules that are generally lawful; (2) rules that warrant individualized scrutiny; and (3) rules that are plainly unlawful.