Federal labor guidance may be shifting, but employers should not assume the rules have changed.

A new memo from the National Labor Relations Board’s general counsel signals that regional offices may take a less aggressive approach to marginal handbook and workplace-rules cases. But the memo does not change the underlying legal standard created by the board’s 2023 Stericycle decision, which still governs how work rules are evaluated.

In a March 5 analysis, Fisher Phillips said employers should continue reviewing handbook language, documenting legitimate business justifications and watching for future board action. The firm said the memo reflects enforcement discretion, not a rewrite of federal labor law.

“Regulatory uncertainty is not a compliance strategy,” said Dave O’Neil, director of communications for the Ohio Manufacturers’ Association. “Employers still need handbook policies that are clear, defensible and grounded in real operational needs.” 3/10/2026