Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more
On June 1, 2017, the Second Circuit empowered employees with smartphones by affirming the National Labor Relations Board’s (NLRB’s) recent decision that no-recording policies violate Section 8(a)(1) of the National Labor...more
About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more
Last year, the National Labor Relations Board (NLRB) surprised many employers when it declared illegal Whole Foods’ policy that prohibits employees from video or audio recording in the workplace. The Board concluded that the...more
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more
In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more
DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more
In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more
In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more
On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National...more
The ubiquity of smartphone applications ("apps") that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement...more
On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...more
Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...more
Recently, the National Labor Relations Board (NLRB) held that an employer violated Section 7 of the National Labor Relations Act (NLRA) by maintaining a policy that prohibited employees from making certain audio or video...more
On December 24, 2015, in Whole Foods Market, Inc., 363 NLRB No. 87 (2015) (Whole Foods), the National Labor Relations Board (Board) invalidated two Whole Foods Market policies that prohibited employees' use of recording...more
In Whole Foods Market, Inc., the National Labor Relations Board, in a 2-1 decision, held that Whole Foods’ rules prohibiting the recording of conversations in the workplace violated Section 8(a)(1) of the National Labor...more