Employment Law Navigator – Week in Review: November 17, 2015

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It’s no secret that employers can gain information about productivity and safety if they monitor employees. They can also catch employees engaged in misconduct. In light of a recent advice memorandum from the National Labor Relations Board, unionized employers might conclude they can begin employee monitoring without bargaining with the union first. Although good news for employers, this advice memorandum does not give employers carte blanche. It dealt with a situation in which the employer already had a private investigator watching employees.  The new monitoring supported a practice already place. Because there was no material change in the terms and conditions of employment, the employer was not required to bargain before installing the GPS monitoring devices.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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