On September 23, 2026, the National Labor Relations Board (NLRB or Board), in its decision in Lion Elastomers III, has acknowledged that its prior decision in Lion Elastomers II is no longer (and, really, never was) valid as establishing the standard by which to determine whether an employer may lawfully discipline or discharge an employee for engaging in abusive behavior, if that behavior is also tied to the employee’s protected, concerted activities (such as during a union organizing campaign, picketing, or when advocating for changes to employees’ terms and conditions of employment). 
Continue Reading NLRB Returns to Common Sense: Protected Activity under the NLRA Does NOT
Give Employees License to Engage in Abusive Workplace Conduct

Most employers assume a handbook policy is lawful if it serves a legitimate business purpose. However, that assumption can create risk under the current National Labor Relations Board standard. Even in nonunion workplaces, policies that appear reasonable may draw scrutiny if employees could interpret them as restricting rights protected by the National Labor Relations Act.
For employers this means an outdated handbook can become evidence in an unfair labor practice investigation. That’s why every employer should pay attention to the case that set the current standard: Stericycle.
Continue Reading Inside the NLRB: Is Your Employee Handbook Saying More Than You Intended?