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National Labor Relations Board › Employer Liability Issues › Surveillance

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... more +
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 -
Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Schwabe, Williamson & Wyatt PC

Generative AI in the Workplace: Proceed with Caution

Schwabe, Williamson & Wyatt PC on

The pace of innovation is astounding—jarring, really. Sure, “Artificial Intelligence” has been a topic of public conversation for decades. Many of us remember when Deep Blue beat Garry Kasparov at chess in 1997, and when...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

Ogletree, Deakins, Nash, Smoak & Stewart,... on

In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

Tonkon Torp LLP

Government Cracking Down on Employee Monitoring Technology

Tonkon Torp LLP on

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

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Akerman LLP - HR Defense on

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

Venable LLP

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

Venable LLP on

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

Fisher Phillips

NLRB General Counsel Announces Plans to Crack Down on Workplace Monitoring Practices

Fisher Phillips on

The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #348 – Considerations for Electronic Monitoring of Employees

Robinson+Cole Data Privacy + Security Insider on

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

Littler

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

Littler on

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

Proskauer - Labor Relations Update

Employer Leaves Lasting Impression…of Unlawful Surveillance

Proskauer - Labor Relations Update on

The NLRB rang in the New Year by examining what constitutes an impression of unlawful surveillance. In Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (January 6, 2021), the Board reaffirmed helpful...more

Akerman LLP - HR Defense

Covert Employees: Recording Conversations at Work

Akerman LLP - HR Defense on

Can an employee secretly record conversations with a co-worker, supervisor, human resources manager or executive and use that recording in a claim or lawsuit against his/her employer? ...more

Littler

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

Littler on

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

Fenwick & West LLP

eWorkplace Policies Restricting Employees’ Acceptable Use of Technology, Social Media & The Cloud

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I. OVERVIEW – THE MODERN LANDSCAPE - A. Physical Conduct PLUS Digital Activity - Traditional concerns for employers have included: conduct leading to liability to third-parties; “frolic and detour” or other...more

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