News & Analysis as of

Video Recordings Audio Recording Employment Policies

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

You Can No Longer Believe What You See: 5 Ways Employers Can Guard Against Deepfakes

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In their book, “AI 2041: Ten Visions for Our Future,” Kai-Fu Lee and Chen Qiufan point out that we used to live in a world where we could trust video evidence, but not anymore. Thanks to deepfakes – sophisticated digital...more

Jaburg Wilk

Dear Employer: I’m Recording You!

Jaburg Wilk on

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

Dechert LLP

The Recording of Meetings by Employees (and Employers)

Dechert LLP on

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

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

Fisher Phillips on

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

McGuireWoods LLP

How Can Employers Prevent Workplace Recording?

McGuireWoods LLP on

The recent revelation that Omarosa Manigault Newman secretly recorded her conversations with President Donald Trump and Chief of Staff John Kelly in purportedly the most secure workplace in the country once again highlights...more

Fisher Phillips

Another Federal Appeals Court Rejects Workplace Recording Bans

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The 5th Circuit Court of Appeals recently became the second federal appeals court this year to hold that an employer’s rule prohibiting recording in the workplace violates the National Labor Relations Act (NLRA). In a July 25...more

Parker Poe Adams & Bernstein LLP

Second Circuit Upholds NLRB Ban on No Recording Policy

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

U.S. Equal Employment Opportunity Commission...

Achiote Restaurant Sued by EEOC for Sexual Harassment and Retaliation

Young, Male Mexican-American Workers Were Sexually Harassed by Restaurant Manager, Federal Agency Charges - SAN DIEGO, Calif. - A San Ysidro, Calif., restaurant which serves Mexican food just north of the U.S.-Mexico...more

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