News & Analysis as of September 20, 2024

Employment Policies

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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 -

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

Foster Swift Collins & Smith on 8/7/2024

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

Back To The Future, Part Four: The Possible Reinstatement Of Obama-Board Rules

Seyfarth Shaw LLP on 5/26/2021

The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...more

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

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

Hit the Pause Button: The Implications of Recording in the Workplace

Littler on 9/5/2018

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he...more

How Can Employers Prevent Workplace Recording?

McGuireWoods LLP on 8/30/2018

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

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

Second Circuit Upholds NLRB Ban on No Recording Policy

Parker Poe Adams & Bernstein LLP on 6/19/2017

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

NLRB Invalidates Another Employer Conduct Policy

Clark Hill PLC on 1/12/2016

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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