Podcast Episode 181: Making Audio Content Work for Your Firm
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Judge Learned Hand, American Idol?
It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
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
Consider the all-too-real scenario of meeting with your employee for a disciplinary discussion. At the start of the meeting, he innocently puts his phone face down on the table. Unbeknownst to you, however, anticipating the...more
In this episode of The Proskauer Brief, partners Harris Mufson and Howard Robbins conduct the first part in a series of podcasts entitled, “Can My Employees Do That?” In this installment, Harris and Howard discuss workplace...more
The recent revelation that Omarosa Manigault Newman secretly recorded her conversations with President Donald Trump and Chief of Staff John Kelly in purportedly the most secure workplace in the country once again highlights...more
The National Labor Relations Board General Counsel’s Division of Advice has concluded that an employer could refuse to allow a union’s representatives to record monthly team meetings and investigatory interviews. GE...more
The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...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
1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...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
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
Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...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
Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at 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
A number of years ago, one of the nation’s largest grocery stores banned its employees from recording workplace conversations, images, or meetings without prior management approval or consent by all parties to a conversation....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
North Carolina’s controversial new “Ag-Gag” Law took effect January 1. The bill was passed at the behest of state pork and poultry interests concerned over animal rights activists using employment as a cover to film...more
In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more