News & Analysis as of September 21, 2024

Protected Concerted Activity

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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 -

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

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

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

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

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

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