The Tenth Circuit recently reaffirmed that employers may lawfully enforce a policy against surreptitious recordings. In Spagnolia v. Charter Communications, LLC, the United States Court of Appeals for the Tenth Circuit...more
More and more, I have noticed employees are recording their employers. Smartphones, along with other technological advances, have made recording or videoing workplace conversations very easy. These recordings can be used in...more
In this OnPoint, we report on a recent decision of the UK Employment Appeal Tribunal on the issue of the covert recording by employees of meetings with their employer, and the legal and practical issues this highlights in...more
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
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