NLRB, Surveillance

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on 4/16/2024

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Enforcing Policy to Keep Vehicle Dashcam On At All Times Does Not Violate NLRA, According to D.C. Circuit

Jackson Lewis P.C. on 4/8/2024

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act...more

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on 4/1/2024

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

Proskauer - Labor Relations Update on 4/1/2024

Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Employment Flash - November 2023

Skadden, Arps, Slate, Meagher & Flom LLP on 11/16/2023

...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Generative AI in the Workplace: Proceed with Caution

Schwabe, Williamson & Wyatt PC on 7/13/2023

The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when...more

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/25/2023

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

NLRB Expands Focus to Worker Debt and Surveillance

Foley & Lardner LLP on 3/14/2023

Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

CFPB and NLRB Agree to Share Information to Prevent Employer Financial Abuses

Cozen O'Connor on 3/10/2023

The CFPB and the National Labor Relations Board have entered a Memorandum of Understanding (MOU) in order to more effectively address areas of concern to both agencies, including employer surveillance and employer-driven...more

CFPB and NLRB to share info on employer-driven debt practices and illegal surveillance

Orrick, Herrington & Sutcliffe LLP on 3/9/2023

On March 7, the CFPB and the National Labor Relations Board (NLRB) entered into an information sharing agreement to create a formal partnership for addressing unlawful practices involving employer surveillance and employer...more

Government Cracking Down on Employee Monitoring Technology

Tonkon Torp LLP on 2/17/2023

Employers are increasingly leaning on technology to monitor employee productivity. Although the phenomenon is not new, the options for monitoring have certainly expanded. Now, businesses can choose from a wide variety of...more

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Jackson Lewis P.C. on 2/16/2023

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Akerman LLP - HR Defense on 1/4/2023

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

Ward and Smith, P.A. on 12/16/2022

On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer...more

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on 11/30/2022

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

You are Being Monitored for Electronic Surveillance and Automated Management Practices, Says the NLRB

BakerHostetler on 11/22/2022

On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo...more

NLRB General Counsel Takes Aim at Electronic Employee Monitoring and Management

Tonkon Torp LLP on 11/18/2022

The NLRB’s lead attorney recently issued a memorandum about employee monitoring and algorithmic management. In it, the General Counsel vows to “vigorously” enforce existing law to protect worker’s Section 7 rights in the face...more

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

ArentFox Schiff on 11/15/2022

On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

Steptoe & Johnson PLLC on 11/14/2022

On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

Top Five Labor Law Developments for October 2022

Jackson Lewis P.C. on 11/9/2022

1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more

Caught on Video No More? NLRB General Counsel Releases Memo Urging Board to Curtail Employer Use of a Variety of Surveillance...

Sheppard Mullin Richter & Hampton LLP on 11/8/2022

On October 31, 2022, Jennifer Abruzzo, the NLRB’s General Counsel (GC), released a memorandum regarding employer use of electronic surveillance and automated management, and its potential interference with employees’ ability...more

National Labor Relations Board › Surveillance