News & Analysis as of September 24, 2024

Corporate Counsel

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

NLRB Majority: Employer May Continue “No Recording” Rule, Even After Unlawfully Applying it to Single Employee

Proskauer - Labor Relations Update on 5/18/2021

In AT&T Mobility LLC , 370 NLRB No. 121 (2021), the NLRB majority (Members Ring and Emanuel) held that the Employer could lawfully maintain a workplace policy prohibiting its workers from recording conversations with their...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

August 2017: The Top 11 Labor And Employment Law Stories

Fisher Phillips on 9/9/2017

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 each month in 2017. August was no...more

Another Federal Appeals Court Rejects Workplace Recording Bans

Fisher Phillips on 8/21/2017

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

Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping

Kelley Drye & Warren LLP on 6/13/2017

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

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

Benesch on 6/9/2017

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

Second Circuit Upholds NLRB Order Finding Grocer’s No Recording Policy Unlawful

McGuireWoods LLP on 6/5/2017

On June 1, the Second Circuit issued a summary order in Whole Foods Market Group, Inc. v. NLRB, affirming the National Labor Relations Board’s order in Whole Foods Market, Inc., 363 NLRB No. 87 (2015), where the Board found...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

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National Labor Relations Board › Audio Recording › Corporate Counsel

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