6The U.S. National Labor Relations Board's Democratic majority is poised to make a series of key changes to federal labor law in 2023 that will aid unions amid a surge in organizing that gained momentum during the COVID-19 pandemic.
The seal of the National Labor Relations Board is seen at their headquarters in Washington, D.C., U.S., May 14, 2021. REUTERS/Andrew Kelly - The U.S. National Labor Relations Board's Democratic majority is poised to make a series of key changes to federal labor law in 2023 that will aid unions amidJennifer Abruzzo
The NLRB is widely expected to raise the bar for companies to prove that routine workplace policies do not interfere with workers' rights under federal labor law, in a reversal of rulings by Republican appointees. The board last Januaryon the issue in a case involving a sanitation company's policies barring worker conduct that could harm its reputation or create conflicts of interest.
The Trump-era board subsequently ruled that certain policies — including requirements that internal investigations be kept confidential and bans on Under the National Labor Relations Act, only employees can unionize and are protected from retaliation for advocating for better working conditions. In the 2019 ruling, the board said that a worker's opportunity for profit or loss and whether they operate an independent business are the main factors in determining their classification.
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