News & Analysis as of

Audio Recording Employment Policies Administrative Law Judge (ALJ)

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

In late 2017, the NLRB in Boeing Company, 365 NLRB No. 154 (2017), established a new three category system for classifying various employer policies. The new system was designed to balance a “work rule’s negative impact on...more

Littler

Workplace Recording Bans and the NLRA: Are "No-Recording" Policies Still Allowed?

Littler on

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

Clark Hill PLC

NLRB Invalidates Another Employer Conduct Policy

Clark Hill PLC on

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

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