NLRA, Employee Privacy Rights

Privacy Vs. Productivity: Risks That Come To Employers

Pietragallo Gordon Alfano Bosick & Raspanti,... on 6/1/2023

On both a federal and state level, there has been a concerted push to protect employee privacy more thoroughly. As the law continues to develop or, as in the case of the NLRB, new methods of enforcement come into play,...more

What NLRB’s New Collaboration with Consumer Financial Agency Means for Gig Economy Businesses

Fisher Phillips on 3/10/2023

If your business relies on gig economy workers, you may want to review your policies on monitoring workers and requiring them to pay for training and equipment. That’s because the National Labor Relations Board (NLRB)...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

Privacy Tip #348 – Considerations for Electronic Monitoring of Employees

Robinson+Cole Data Privacy + Security Insider on 11/4/2022

I had a really interesting discussion with my students during class this week about employers’ use of electronic means to monitor employees. When I first started teaching Privacy Law at Roger Williams Law School eight or nine...more

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

Littler on 11/4/2022

Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more

Republican Attorneys General Are Not Pro-PRO Act, Warn It Will Undermine Right-To-Work State Laws

Cozen O'Connor on 4/16/2021

A group of 14 Republican AGs, led by South Carolina AG Alan Wilson, sent a letter to U.S. Senate leaders urging them not to pass the Protecting the Right to Organize Act of 2021 (“PRO Act”)...more

Election Season and the Workplace, Part 1: Employee “Free Speech” and Political Activities

Proskauer - Law and the Workplace on 10/5/2020

With Election Day just around the corner, we’ll be highlighting some of the issues facing employers in a two-part series on elections and the workplace. In this first installment, we’ll look at employee protections around...more

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on 8/4/2020

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

OFCCP Week In Review: August 2020

DirectEmployers Association on 8/3/2020

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Confronting COVID-19 in the Workplace

Greenberg Glusker LLP on 3/13/2020

Employers are faced with critical questions and important legal obligations as they address Coronavirus 2019 (COVID-19) matters in the workplace. While it is impossible to address all potential legal issues in a single client...more

Employer Rights to Control the Workplace Reinstated by President Trump's NLRB

Steptoe & Johnson PLLC on 12/23/2019

On December 17, 2019, the National Labor Relations Board issued two decisions that reversed troubling precedents and restored rights to employers. First, the NLRB reiterated that employers have a right to control the use of...more

SuperVision - Labor and Employment Law Insights: Issue 4, 2019

Spilman Thomas & Battle, PLLC on 12/18/2019

Welcome to the fourth quarter edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group. Just as we were going to press, the National Labor Relations Board ("NLRB") issued two...more

Minimizing Risks of BYOD Use For Work

Akerman LLP - HR Defense on 8/29/2019

Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

Proskauer - Labor Relations Update on 7/18/2019

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

Wired For Sound: The Ins And Outs Of Workplace Recordings

Fisher Phillips on 2/6/2019

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

The NLRB Expands the Use of Confidentiality Rules in The Boeing Co.

Littler on 7/3/2018

As most employers are aware, the National Labor Relations Board’s decision in The Boeing Co., 365 NLRB No. 154 (2017), established a new standard that significantly broadens the scope of rules, policies, and handbook...more

Employment Flash - April 2018

Skadden, Arps, Slate, Meagher & Flom LLP on 5/2/2018

This edition of Employment Flash looks at recent court decisions, including the U.S. Supreme Court's rulings on cases relating to the definition of a whistleblower and exemptions from the overtime pay provisions. This edition...more

Striking the Right Balance in Workplace Behavior and Privacy

Burr & Forman on 10/6/2017

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

Labor & Employment Legislative Update - September 2017

Hinshaw & Culbertson LLP on 9/27/2017

A number of key legislative initiatives are currently pending before Congress which, if passed, will significantly impact the rights of employers and employees. These bills address a variety of subjects, including union...more

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

Cozen O'Connor on 8/21/2017

Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Geofencing and Geotracking: Navigating Legal and Privacy Concerns for Employers

Williams Mullen on 7/5/2017

The more that technology evolves, the easier it has become for employers of all sizes and across various industries to monitor their employees with tracking technology. Indeed, a 2012 study by technology research firm...more

Don’t Feed The Trolls: What Employers Can Do To Combat Internet Trolls

Fisher Phillips on 5/10/2017

...The internet has forever changed the way information is shared. The rapid-fire online patter produces comments and information that could be both helpful and harmful to an employer and its employees. On the one hand, such...more

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Foley Hoag LLP on 1/12/2016

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

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Bryan Cave Leighton Paisner on 1/11/2016

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

The NLRB Finds Whole Foods’ No-Recording Policy Unlawful

Bond Schoeneck & King PLLC on 1/7/2016

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

The National Labor Relations Act › Employee Privacy Rights

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