News & Analysis as of September 20, 2024

Employee Privacy Rights

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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 -

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

Can I Tell my Employee to Please Shut Up?

Dentons on 1/28/2020

Sometimes the school teacher refrains, “everyone be quiet” or “back to your corners” can feel like an excellent tool for managing employees. However, there are some pitfalls to be aware of when you ask your employees to avoid...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

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

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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