News & Analysis as of

Protected Concerted Activity Employee Monitoring

The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve... more +
The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union.  less -
Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

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

McAfee & Taft

Electronic management tools targeted as potentially illegal workplace surveillance

McAfee & Taft on

The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target.  Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more

Stevens & Lee

NLRB Memo Assesses Legality of Electronic Monitoring and Automated Management Practices

Stevens & Lee on

The Memo asks the NLRB to adopt a new framework for protecting employees and, in the meantime, for NLRB Regional Directors to vigorously enforce existing law in cases involving new workplace technologies as a top priority....more

Akerman LLP - HR Defense

Minimizing Risks of BYOD Use For Work

Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more

Burr & Forman

Striking the Right Balance in Workplace Behavior and Privacy

Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Striking the right balance is a difficult task for employers seeking to uphold...more

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