News & Analysis as of September 19, 2024

National Labor Relations Board › Whole Foods

+ Follow

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 -

When Employment and Traditional Labor Collide: Whole Foods Wins One in the Ongoing Legal Battle Concerning Black Lives Matter...

Sherman & Howard L.L.C. on 1/31/2023

Whole Foods recently scored a victory in its fight to defend its dress code prohibition on non-Whole Foods brands and logos. The United States District Court for the District of Massachusetts, (“the Court”) granted Whole...more

NLRB Complaint Suggests Employers Cannot Prohibit BLM Messaging in the Workplace

Fox Rothschild LLP on 12/20/2021

On December 3, Region 20 of the National Labor Relations Board issued a sweeping, consolidated complaint alleging that Whole Foods Market, Inc. violated federal labor law by maintaining and enforcing rules regarding workplace...more

Looking into Our NLRB Crystal Ball

Brownstein Hyatt Farber Schreck on 7/31/2017

With everything going on in Washington, D.C., it is easy to overlook the significant changes to the National Labor Relations Board (“NLRB” or the “Board”). With the impending addition of two Republican-appointed members to...more

Can You Hear Me Now? No-Recording Policies Violate the NLRA

Kramer Levin Naftalis & Frankel LLP on 7/6/2017

On June 1, 2017, the Second Circuit empowered employees with smartphones by affirming the National Labor Relations Board’s (NLRB’s) recent decision that no-recording policies violate Section 8(a)(1) of the National Labor...more

Another Facially Neutral Employment Policy Bites the Dust

Bradley Arant Boult Cummings LLP on 6/22/2017

About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more

Second Circuit Upholds NLRB Whole Foods Decision Allowing Employee Recording in the Workplace

Franczek P.C. on 6/21/2017

With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...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

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

Are We Being Taped? – The Second Circuit Weighs in on Workplace Taping

Kelley Drye & Warren LLP on 6/13/2017

In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more

June Kicks Off with a Flurry of Labor and Employment Law Developments and Activity

Benesch on 6/9/2017

DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more

Circuit Court is asked to Overturn NLRB’s Decision Allowing Surreptitious Workplace Recordings

Obermayer Rebmann Maxwell & Hippel LLP on 3/3/2017

Can employees record conversations at the workplace without the consent of the speakers? Or, can an employer enforce a policy that prohibits employees from recording conversations at work unless they have the consent of all...more

Five New Challenges Facing Retail Employers

Epstein Becker & Green on 5/25/2016

This issue of Take 5 is devoted to recent laws and court rulings that have particular significance for retailers. These five short articles address fundamental changes to policies and practices in the retail workplace,...more

Maintaining Patient Privacy In The Digital Age

Fisher Phillips on 5/4/2016

Those in the heavily regulated healthcare industry know that patient information is sacrosanct. And for good reason; improper handling can result in hefty fines or criminal prosecution under the Health Insurance Portability...more

Can Healthcare Providers Prohibit Employees From Using Recording Devices in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

In the wake of the National Labor Relations Board’s (NLRB) decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), hospitals and healthcare providers will need to revisit their employee recording policies. This...more

Are Pennsylvania Employers Safe to Prohibit Recordings in the Workplace?

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/14/2016

In an age of smartphones and wearable technology, one cannot escape the possibility that he or she is being recorded at any given time. The workplace is not immune from such possibilities as employees often carry—or sometimes...more

NLRB Says Employers Cannot Stop Employees From Recording Conversations In Meetings

Tucker Arensberg, P.C. on 3/2/2016

On December 24, 2015, employees who want to make video and audio recordings of co-workers and company meetings received a holiday gift. In Whole Foods Inc. and United Food and Commercial Workers, Local 919, the National...more

Can Your Employees Take A Selfie At Work?

Fisher Phillips on 3/1/2016

Many employers maintain policies prohibiting employees from using cell phones and other recording devices at work. The reasons for such policies range from maintaining productivity, to protecting customer and employee...more

NLRB Again Says Employers Cannot Impose Blanket Ban on Employee Recording in Workplace

Parker Poe Adams & Bernstein LLP on 1/20/2016

Like many employers, Whole Foods adopted a policy prohibiting employees from conducting unauthorized recording of conversations, phone calls or meetings, regardless of the recording technology used. Employers generally...more

Are You on Candid Camera? The NLRB Just Made It More Difficult to Ban the Use of Recording Devices in the Workplace

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/18/2016

On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision in Whole Foods Market, Inc., 363 NLRB No. 87 (Dec. 24, 2015), finding for the first time that it is unlawful for an employer to adopt a work...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

To Record or Not to Record, That is the Question

Miller & Martin PLLC on 1/14/2016

Eliminating any possibility that it might wind up on employers' "nice list," the National Labor Relations Board (NLRB) ruled on Christmas Eve that a Whole Foods policy featuring an "absolute prohibition" on employees "taking...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

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

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

NLRB Invalidates Employer's "No Recording" Policies, Bolstering Employees' Ability to Record in the Workplace

Faegre Drinker Biddle & Reath LLP on 1/7/2016

Christmas came a day early for labor unions. On December 24, 2015, the National Labor Relations Board (NLRB) issued a decision that invalidated two employee handbook policies prohibiting employees from recording...more

27 Results

/

View per page

Page: of 2

Next »