NLRB, Employee Monitoring

What does AI mean for HR?

Haynsworth Sinkler Boyd, P.A. on 8/11/2023

Artificial Intelligence (AI) might be the most popular phrase of the year, but it is undoubtedly here to stay. We are seeing companies experiment with using AI in the workplace, which often raises questions like, How can...more

Beltway Buzz - June 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/5/2023

Debt Ceiling Disaster Dodged. After months of political posturing, weeks of negotiating, and days of nail-biting, the U.S. Congress approved legislation to lift the debt limit to ensure continued payment of the nation’s...more

Forensic Review During Investigations: Have You Considered The NLRA?

Jackson Lewis P.C. on 4/26/2023

NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”)...more

NLRB Expands Focus to Worker Debt and Surveillance

Foley & Lardner LLP on 3/14/2023

Last week, the National Labor Relations Board (NLRB) entered into an information sharing agreement with the Consumer Financial Protection Bureau (CFPB), intended to crack down on “employer-driven debt” as well as worker...more

Electronic Monitoring of Remote Workers Raises Labor Law Compliance Questions

Parker Poe Adams & Bernstein LLP on 3/10/2023

By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...more

NLRB Announces New Information-Sharing Partnership to Identify Employer Surveillance

Proskauer - Labor Relations Update on 3/9/2023

On March 7, 2023, the National Labor Relations Board (“NLRB”) and Consumer Financial Protection Bureau (“CFPB”) announced that the two agencies have signed a Memorandum of Understanding (“MOU”) creating a formal partnership...more

CFPB and NLRB to share info on employer-driven debt practices and illegal surveillance

Orrick, Herrington & Sutcliffe LLP on 3/9/2023

On March 7, the CFPB and the National Labor Relations Board (NLRB) entered into an information sharing agreement to create a formal partnership for addressing unlawful practices involving employer surveillance and employer...more

Government Cracking Down on Employee Monitoring Technology

Tonkon Torp LLP on 2/17/2023

Employers are increasingly leaning on technology to monitor employee productivity. Although the phenomenon is not new, the options for monitoring have certainly expanded. Now, businesses can choose from a wide variety of...more

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Jackson Lewis P.C. on 2/16/2023

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more

Somebody’s Watching Me: the NLRB’s Crackdown on Employee-Monitoring Technology

Locke Lord LLP on 2/9/2023

In recent years, many employers have increased their use of employee monitoring technology as a means to promote more efficient operations, particularly in light of the pandemic-induced shift to remote or hybrid working...more

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Akerman LLP - HR Defense on 1/4/2023

Imagine this: a nurse leaves the operating room during spinal surgery to participate in a union action, the employer terminates the nurse, and the National Labor Relations Board (NLRB) holds that the employer violated federal...more

Notable Labor and Employment Law Developments of 2022

Harris Beach PLLC on 1/4/2023

A Year in Review: Notable Labor and Employment Law Developments of 2022 - The year-end provides an opportune time to review some of the notable developments in the world of labor and employment law from this past year –...more

NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA

Bodman on 12/19/2022

As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

Ward and Smith, P.A. on 12/16/2022

On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer...more

Electronic Monitoring in the Workplace: NLRB General Counsel Tips the Scale Toward Broadening the Scope of Employee Protections

Venable LLP on 11/30/2022

The COVID-19 pandemic and the attendant shift toward remote work, together with recent technological advances, have drastically expanded the reach of employers' capacity to manage and monitor employees both in and outside of...more

The NLRB and Electronic Monitoring in the Workplace

Husch Blackwell LLP on 11/29/2022

General Counsel Abruzzo continues in her efforts to micromanage your workplace by any means possible. She has issued one General Counsel Guidance Memo after another in her attempts to over-regulate your workplace. ...more

You are Being Monitored for Electronic Surveillance and Automated Management Practices, Says the NLRB

BakerHostetler on 11/22/2022

On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo...more

NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the Workplace, Following the Recent Regulatory...

Epstein Becker & Green on 11/21/2022

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

NLRB General Counsel Takes Aim at Electronic Employee Monitoring and Management

Tonkon Torp LLP on 11/18/2022

The NLRB’s lead attorney recently issued a memorandum about employee monitoring and algorithmic management. In it, the General Counsel vows to “vigorously” enforce existing law to protect worker’s Section 7 rights in the face...more

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

Epstein Becker & Green on 11/17/2022