News & Analysis as of September 20, 2024

Employee 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 -

Live-Streaming Coaches: A Lesson on Workplace Recordings

FordHarrison on 11/14/2019

What on earth are these players thinking? We now have our third noteworthy example from the last few years of a player live-streaming his coach’s postgame victory speech on a social media platform....more

II-34- Ten Things You Missed From Summer 2018

Cozen O'Connor on 9/11/2018

We're back! This brand new episode addresses the 10 developments you may have missed from this past summer of 2018, including employees secretly recording the workplace, new non-compete legislation, the unstoppable #MeToo...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

Workplace Civility Legal Again

Akerman LLP - HR Defense on 1/8/2018

Rules mandating workplace civility and protection of confidential business information — recently the target of the National Labor Relations Board — are lawful again....more

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

Dickinson Wright on 12/19/2017

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama...more

NLRB Adopts New Test for Evaluating Workplace Policies

Ballard Spahr LLP on 12/19/2017

On the eve of former Chairman Philip Miscimarra's departure from the National Labor Relations Board (NLRB), the Board Thursday created a new test for determining the lawfulness of workplace policies, overturning the test...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 Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act

McCarter & English, LLP on 6/14/2017

Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more

NLRB rules employees can record conversations at work

Robinson+Cole Data Privacy + Security Insider on 1/15/2016

Next time your boss is breaking a labor law, the National Labor Relations Board (NLRB) ruled that Whole Foods cannot prohibits its employees from recording conversations, taking photos or video at work....more

NLRB Nixes “No Recording” Rule

Sherman & Howard L.L.C. on 1/5/2016

In Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), a divided three-member panel of the NLRB ruled that an employer’s blanket rule prohibiting workplace recording of conversations, phone calls, or images with a...more

Employer’s Social Media Ban on Photographs, Video Is Unlawful, According to NLRB

Ballard Spahr LLP on 7/22/2013

The National Labor Relations Board (NLRB) continues its scrutiny of social media policies....more

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