News & Analysis as of

Protected Concerted Activity Employee Privacy Rights

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 -
Stevens & Lee

NLRB Memo Assesses Legality of Electronic Monitoring and Automated Management Practices

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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

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Greenberg Glusker LLP

Confronting COVID-19 in the Workplace

Greenberg Glusker LLP on

Employers are faced with critical questions and important legal obligations as they address Coronavirus 2019 (COVID-19) matters in the workplace. While it is impossible to address all potential legal issues in a single client...more

FordHarrison

Live-Streaming Coaches: A Lesson on Workplace Recordings

FordHarrison on

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

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

Proskauer - Labor Relations Update

Recent ALJ Decision Provides Important Nuance Regarding Workplace No Recording Rules

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

Fisher Phillips

Wired For Sound: The Ins And Outs Of Workplace Recordings

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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

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

Cozen O'Connor

I-13 – Policies, Policies, Policies, and Microchips Embedded in Employees

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Michael Schmidt of Cozen O'Connor addresses recent trends and noteworthy developments on certain employment policies related to political activity, confidential customer information, FMLA retaliation, and maximum leave...more

Foley Hoag LLP

NLRB Holds That a Ban on Videotaping Workplace Conversations is Unlawful

Foley Hoag LLP on

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

Bryan Cave Leighton Paisner

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Seyfarth Shaw LLP

To Follow or Not To Follow … (Social Media in the Workplace—Part 1 of 2)

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You’re reading a blog post, and thus need no primer on the prevalence of social media. But you may not be aware of the pitfalls facing employers that use, monitor, or implement policies regarding social media....more

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