Understanding the Stericycle Standard

Resorts World Las Vegas, LLC

"Job abandonment or leaving work area without proper authorization during an assigned shift."

The rule is unlawfully overbroad because it maintains a blanket prohibition against leaving work areas without distinguishing between protected work stoppages and unprotected job abandonment.

United Electrical Contractors, Inc. D/B/a United Electrical Contractors

"12. Restricting production or influencing others to do so."

The ALJ found that employees would reasonably construe a prohibition on restricting production to encompass a prohibition on protected activities like striking and picketing.

Amazon.Com Services LLC

"UPT is used automatically when you miss any part of your scheduled shift, unless you have already applied another time off…. If you use more UPT than you have, your UPT balance will be negative. If "U…"

The ALJ found the policy facially neutral and determined that an employee would not reasonably interpret the policy in the abstract as interfering with Section 7 rights under the Stericycle standard.

General Motors, LLC

"Wasting time or loitering in toilets or on any Company property during working hours."

The ALJ found the rule was not ambiguous or coercive because it specifically applied to working hours rather than non-working time.

General Motors Components Holdings, LLC

"18. Wasting time or loitering on any Company property during working hours."

The term "working hours" is ambiguous and could be reasonably construed to prohibit protected Section 7 activities during breaks or other non-work time.

Starbucks Corporation

"Political Activities must be conducted on your own time and using your own resources. You must not promote any political or personal views or beliefs (including by posting or distributing notices or o…"

The judge found this rule overbroad as it prohibits employees from engaging in protected concerted activity regarding political issues that impact their working conditions.

Intertape Polymer Group

"Bringing cameras or photographic equipment (including cell phones) without the company’s authorization."

The rule was found overbroad because it gave the employer unfettered discretion and lacked limiting language, leading employees to believe they could not use personal devices for protected activities …

United Electrical Contractors, Inc. D/B/a United Electrical Contractors

"22. Unauthorized use of telephones."

The rule gives the employer unfettered discretion to control personal phone use even during non-work time, which would chill Section 7 communications.

Mobile Phlebotomy of Central Michigan LLC

"prohibition on being seen on [their] phone... our job is to be there to work."

The rule was found not to reasonably chill Section 7 rights because the language included an explanation that the rule applied to working time rather than break periods.

Geodis Logistics, LLC

"Immoral, indecent, unprofessional or inappropriate conduct on Company property or at Company sponsored eventss as determined by management"

The ALJ found the rule violated the NLRA because undefined terms like "unprofessional" or "inappropriate" could be reasonably construed by employees to prohibit protected concerted activity.

Intertape Polymer Group

"Indirect Insubordination: challenge and abuse of directions given by supervision or management."

The judge found the rule's patent ambiguity would lead employees to believe it prohibits protected conduct and that the employer's interests were already sufficiently protected by a separate rule agai…

Resorts World Las Vegas, LLC

"Rude, discourteous, or unprofessional behavior toward a guest, coworker or any other person on Company property. Each Team Member is expected to work in a cooperative manner with managers, supervisors…"

The ALJ found that the undefined terms rude, discourteous, and unprofessional could reasonably be construed by employees as restricting protected activity such as concertedly objecting to working cond…

General Motors Components Holdings, LLC

"10. Distracting attention of others."

The rule is overbroad and ambiguous because it does not define what conduct is considered a distraction or specify that it applies only to working time.

Geodis Logistics, LLC

"Disrupting the workplace"

The ALJ found the rule violated the NLRA because the vague prohibition against "disrupting the workplace" could reasonably be read by an employee as prohibiting Section 7 activities like collective pr…

Pro Residential Services, Inc.

"15. Causing, creating or participating in a disruption of any kind during working hours on Company/client property. …"

The General Counsel failed to establish a prima facie case that this rule was presumptively unlawful under the Stericycle standard.

3 Corners, LLC and Freddy Godinez, Heidi Martin, Daniel Salazar, Scott Davey, and Dee Testa, D/B/A

"1. Confidential Information. Except as set out in Section 2 below, “Confidential Information” means all non-public, confidential, or proprietary information disclosed on or after the Effective Date, b…"

The rule is presumptively unlawful under the Stericycle standard because an economically dependent employee would reasonably construe the sweeping prohibition on disclosing non-public information to i…

Advanced Marine Concepts, LLC D/B/a Atlas Docks

"It is the guideline of the Company that the general internal business affairs of the organization should not be discussed with anyone outside the organization except as may be required in the normal c…"

The rule was found overbroad because an employee would reasonably interpret the prohibition on discussing internal business affairs with outsiders as a ban on discussing wages or benefits with third p…

Advanced Marine Concepts, LLC D/B/a Atlas Docks

"It is understood and agreed to that the below identified discloser of confidential information may provide certain information that is and must be kept confidential. To ensure the protection of such i…"

This rule was found to violate the Act because its broad definition of confidential information to include finances and profit margins would reasonably lead employees to believe they are prohibited fr…

Amazon.com Services LLC

"4.1 Non-Solicitation. During employment and for 18 months after the Separation Date, Employee will not, directly or indirectly, whether on Employee’s own behalf or on behalf of any other entity (for e…"

The rule violates the Act as its prohibition on encouraging customers to cease doing business could be reasonably construed to prohibit employees from calling for a boycott or making negative statemen…

Amazon.com Services LLC

"4.2 Non-Interference. During employment and for 12 months after the Separation Date, Employee will not, directly or indirectly, whether on Employee’s own behalf or on behalf of any other entity (for e…"

This rule is unlawful because it prohibits employees from encouraging coworkers or contractors to terminate their relationships with the employer, thereby chilling the right to solicit others to engag…

J.O. Mory, Inc.

"During the term of this Agreement and for a period of 24 months after termination of employment for any reason, Employee will not, either directly or indirectly for himself or on behalf of others, sol…"

The rule would dissuade a reasonable employee from engaging in protected activities, such as discussing union benefits or organizing concerted threats to quit, for fear of being accused of inducing ot…

Starbucks Corporation

"Examples of serious misconduct include, but are not limited to: ... Falsification or misrepresentation of any company document... Violation of any other company policy."

The judge found the 'misrepresentation' language overbroad because it was not limited to knowing or reckless falsehoods, and the 'catchall' provision incorporated other unlawful policies.

United Electrical Contractors, Inc. D/B/a United Electrical Contractors

"6. Dishonesty or falsification of any company records, including but not limited to employment applications and time entries."

The ALJ found the rule would reasonably be construed to prohibit protected activities like omitting union-affiliated work history or denying intent to engage in union organizing.

United Electrical Contractors, Inc. D/B/a United Electrical Contractors

"28. Providing false or misleading information to any company representative or in any company records, including the employment application, benefits forms, time entry, expense reimbursement forms and…"

The rule was found to interfere with Section 7 rights because it could be read to prohibit applicants from withholding information regarding union affiliation or activity.

Bookholders, LLC

"This arbitration shall be the exclusive means of resolving any dispute arising out of employment or termination from employment by Employer or You, and no other action can be brought by employees in a…"

The rule is overbroad because it lacks an exception for filing unfair labor practice charges and could reasonably deter employees from seeking redress with the NLRB.

Consumers Energy

"This agreement constitutes a Last Chance Agreement for the grievance [sic] grievant and any and all incidents of misconduct shall be grounds for termination of the grievant and neither the Union nor t…"

The ALJ found the rule had a reasonable tendency to chill Section 7 rights because it prospectively waived the employee's right to contest future adverse actions before the National Labor Relations Bo…

Pro Residential Services, Inc.

"Suggestions for improving the Company are always welcome. At some time, you may have a complaint, suggestion or question about your job, your working conditions or the treatment you are receiving. You…"

The rule is presumptively unlawful as it uses the undefined term 'good-faith' and could reasonably be interpreted as restricting employees from bringing concerns that constitute protected concerted ac…

Hawaii Pacific Health and Straub Medical Center

"Logo clothing, other than that authorized by HPH, may not be worn in the workplace. . . . Small, unobtrusive school or professional related pins are acceptable. Only buttons/pins authorized by HPH may…"

The rule is overbroad because it prohibits union insignia in all areas of the hospital, including non-patient care areas, and requires management preapproval without a showing of special circumstances…

Hawaii Pacific Health and Straub Medical Center

"It has come to our attention that some employees have elected to wear a large patch on their uniforms to publicize the current contract dispute. Such displays in patient care areas are not compliant w…"

This rule selectively and disparately prohibits union displays in patient care areas and is overbroad because it fails to define what constitutes a patient care area.

Hawaii Pacific Health and Straub Medical Center

"No insignias, logos, or other displays of any type may be worn in patient care areas other than any that are part of the HPH or its affiliates’ uniform. . . . Employees in pediatric patient care areas…"

The policy was unlawfully promulgated in response to protected union activity and creates a selective ban that permits certain logos while prohibiting union insignia without proving special circumstan…

Pro Residential Services, Inc.

"5. Unauthorized use of Company/client equipment, time, materials, or facilities."

The General Counsel failed to establish a prima facie case that this rule was presumptively unlawful under the Stericycle standard.

Pro Residential Services, Inc.

"Employees of the Company are required to take all reasonable measures to safeguard and protect all records, computer equipment and computer generated information and to use the records, equipment and …"

The General Counsel failed to establish a prima facie case that this rule was presumptively unlawful under the Stericycle standard.

Pro Residential Services, Inc.

"Company and client telephones, copiers, postage equipment, and office supplies and the like, are for business use and should not be used for personal matters. While it is recognized that you may occas…"

The General Counsel failed to establish a prima facie case that this rule was presumptively unlawful under the Stericycle standard.

Big Green

"[E]mployees, visitors, partners and representatives should refrain from speaking to reporters or other members of the media without explicit permission from the president."

The rule is found to be presumptively unlawful under Stericycle because it requires employees to obtain explicit permission before speaking to the media about working conditions, which has a reasonabl…

Starbucks Corporation

"only approved Starbucks Corporation spokespeople are authorized to talk to the media."

The ALJ concluded that the rule requiring pre-authorization to speak to the media could chill employees' Section 7 rights to convey grievances to third parties and lacked a narrowly tailored business …

Starbucks Corporation

"Starbucks partners may receive requests from the media for an interview or filming in a Starbucks store or other Starbucks support locations. Please note that, without exception, only approved Starbuc…"

The rule is found to be presumptively unlawful under the Stericycle standard because a reasonable employee would interpret it as prohibiting them from discussing working conditions or the union drive …

Costco Wholesale Corp.

"I have not recorded any part of this interview and I acknowledge that electronic recordings of any conversation without the consent of all parties is considered a violation of company policy and may r…"

This provision was found to violate the Act as a blanket prohibition on recordings that could be used for protected concerted activities, without a showing that the rule was narrowly tailored to a sub…

Starbucks Corporation

"Personal audio recording … of other partners … without their consent is not allowed except as protected under federal labor laws."

The ALJ found the rule presumptively unlawful because an employee could reasonably interpret it to prohibit recording protected activities like walkouts or union speeches, and the employer failed to p…

Starbucks Corporation

"Personal video recording, audio recording or photographing of other partners or customers in the store without their consent is not allowed except as protected under federal labor laws."

The rule is overbroad because employees could reasonably be chilled from recording safety hazards or inconsistent rule application, and the legal exception is too vague for a reasonable employee.

General Motors Components Holdings, LLC

"28. The making or publishing of malicious statements concerning any employee, the Company, or its products."

The rule is overbroad because it could reasonably be interpreted to chill protected criticism of the employer that does not lose the protection of the Act.

General Motors, LLC

"The making or publishing of false, vicious or malicious statements concerning any employee, the Company, or its products."

The ALJ found the rule overbroad because it prohibits false statements that may still be protected under the Act unless they are shown to be maliciously false.

Permobil, Inc.

"(3.F.) Non-disparagement. During the employment term and thereafter, the parties agree that they shall not, directly or indirectly, take any action, or encourage others to take any action, to disparag…"

The judge found that the broad ban on disparagement or criticism could reasonably be construed to prohibit protected activities such as asserting that the employer violated the Act.

Foxy Loxy Print Gallery & Cafe, LLC, Foxy Bakery, LLC (D/B/a Henny Penny Art Space & Cafe), and Fox

"Employees should keep in mind that any conduct that adversely affects an employee’s job performance, the performance of fellow employees, or otherwise adversely affects members, customers, suppliers, …"

The ALJ found that an employee would reasonably interpret this provision to prohibit discourse on social media that criticizes the employer, making it unlawfully overbroad under the Stericycle standar…

Pro Residential Services, Inc.

"Employees are expected to conduct their personal affairs in a manner that does not adversely affect the Company's or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct…"

The rule is overly broad and uses undefined terms like 'integrity' and 'immoral' that an employee could reasonably interpret as restricting their Section 7 rights.

Pro Residential Services, Inc.

"PRO RESIDENTIAL SERVICES respects the rights of its employees to maintain preferences with regard to religion, politics and social issues. However it is company policy that these personal preferences …"

The rule is overbroad and ambiguous because the prohibition on discussing 'social issues' could reasonably be construed as barring protected speech about union affiliation.

Bookholders, LLC

"Social media groups (including two or more employees) must be approved. Any creation or joining of unauthorized groups is strictly prohibited."

The rule is facially unlawful because it requires prior employer approval for employees to communicate with each other via social media groups, thereby chilling protected concerted activity.

Starbucks Corporation

"SOCIAL MEDIA When using social media, partners must follow Starbucks Social Media Guidelines, available on the Partner Hub. Partners are responsible for what they communicate in social media. Any cond…"

The rule's prohibition on commentary affecting business interests could be reasonably understood to restrict protected criticisms of the employer or discussions regarding mutual aid or protection.

Starbucks Corporation

"SOCIAL MEDIA GUIDELINE-GLOBAL The Global Social Media Standard applies to all employees ("partners") of Starbucks Corporation and its wholly-owned subsidiaries and further states in pertinent part: • …"

The rule is overbroad and vague because it governs communications on both internal and external platforms without specify which guidelines apply, thereby chilling Section 7 rights.