A handbook review should check each policy against current law and your actual practice. These areas deserve attention; for anything that affects employee rights, have employment counsel review your final language.
Work rules and the NLRB standard
Under the NLRB's 2023 Stericycle decision, a facially neutral work rule is presumptively unlawful if a reasonable employee could read it as chilling protected concerted activity, and the employer must show it is narrowly tailored to a legitimate and substantial business interest. As of October 2026, Stericycle is still the Board's governing standard. On September 11, 2026, the NLRB General Counsel filed a brief in Atlassian Corp. asking the Board to overrule it, and we had not seen a Board decision doing so. Rules on civility, confidentiality, social media and conduct draw the most scrutiny. Draft them specifically and do not rely on disclaimers to cure vague language.
Leave, accommodation and wage-hour
Check leave, accommodation and wage-and-hour policies against current federal law (FMLA, ADA, FLSA) and any state requirements, and keep a documented review date. These rules change, and counsel or your state labor agency can confirm what applies to your headcount.
Technology and AI use
If staff use AI tools for documentation or communication, say what is permitted. Do not put protected health information into tools that are not covered by a business associate agreement, since HIPAA requires one with vendors that handle PHI.
Reporting channels
Confirm anti-harassment and compliance reporting channels reflect your current structure. HHS-OIG's compliance guidance expects staff to be able to raise concerns without fear of retaliation, including through a hotline that tracks reports.
Review cadence
Review the full handbook at least annually and whenever a relevant law or rule changes. This cadence is a CMI practice recommendation.
Sources: NLRB Stericycle (2023) as summarized by Fisher Phillips (Mar. 5, 2026) and Ogletree Deakins (Oct. 2, 2026); HHS-OIG GCPG; HIPAA business associate rules.
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