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The National Labor Relations Act › Surveillance

The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor... more +
The National Labor Relations Act is a United States federal statute enacted in 1935 to prevent labor strife by encouraging collective bargaining, protecting concerted activity and curtailing certain unfair labor practices by private sector managament and labor.  less -
Littler

D.C. Circuit Rejects NLRB Surveillance Decision as “Nonsense”

Littler on

Reversing the National Labor Relations Board’s decision in Sterns Produce Company v. NLRB, the U.S. Court of Appeals for the D.C. Circuit rejected the Board’s reasoning that a company had engaged in unlawful surveillance...more

Jackson Lewis P.C.

Enforcing Policy to Keep Vehicle Dashcam On At All Times Does Not Violate NLRA, According to D.C. Circuit

Jackson Lewis P.C. on

A manager texting one of his drivers who covered the truck’s inward facing camera while stopping for lunch – “you can’t cover the camera it’s against company rules” – is not unlawful under the National Labor Relations Act...more

Benesch

Severance Agreement Confidentiality Provisions Under Fire, Employer Surveillance, and a Roadmap for Profanity in the Context of...

Benesch on

In early 2023, the National Labor Relations Board’s (NLRB or “Board”) decision in McLaren Macomb, 372 NLRB 58, revoked employers’ ability to require their employees to keep the terms of severance packages confidential and to...more

Proskauer - Labor Relations Update

Appellate Court Rejects NLRB’s Findings in Employer Surveillance Case as “Nonsense”

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Declaring the NLRB’s rationale to be “nonsense,” on March 26, 2024, a unanimous three-judge panel for the United States Court of Appeals for the District of Columbia in Stern Produce Company Inc v. NLRB, refused to enforce...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - November 2023

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...NLRB Issues Final Rule on ‘Joint Employer’ Standard On - October 26, 2023, the National Labor Relations Board (NLRB) issued a final rule titled “Standard for Determining Joint Employer Status,” which rescinds and...more

Constangy, Brooks, Smith & Prophete, LLP

USDOL revises labor “persuader” form to require information about federal contracts, subcontracts

Constangy, Brooks, Smith & Prophete, LLP on

On July 28, the U.S. Department of Labor, Office of Labor-Management Standards, issued its final revision of Form LM-10 and a Fact Sheet. The revised form will require employers who use labor “persuaders” to indicate when the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Focuses on When Video Cameras Can Create an ‘Unlawful Impression of Surveillance’

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In a decision relevant for employers utilizing video surveillance equipment in the workplace and those considering the installation of video cameras, the National Labor Relations Board (NLRB) concluded that an employer...more

Jackson Lewis P.C.

NLRB Announces its Focus on Online Tracking Tools Used to Manage Remote Worker Performance

Jackson Lewis P.C. on

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes,...more

Akerman LLP - HR Defense

Surprise Surprise, the NLRB Continues Expanding Employee Protections

Akerman LLP - HR Defense on

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

Ward and Smith, P.A.

“I Always Feel Like, Somebody’s Watching Me”: How the NLRB General Counsel Proposes to Curtail Employer Surveillance

Ward and Smith, P.A. on

On October 31, 2022, National Labor Relations Board ("NLRB") General Counsel, Jennifer A. Abruzzo, published a memorandum outlining a new framework she intends to use to advocate for restricting overreaching employer...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

ArentFox Schiff

NLRB General Counsel Seeks Limits On Employer Electronic Surveillance and Automated Management Practices

ArentFox Schiff on

On October 31, 2022, National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo issued a memorandum advocating for adoption of a new framework for policing employer use of electronic monitoring and automated...more

Steptoe & Johnson PLLC

NLRB General Counsel Issues Memorandum on Electronic Monitoring of Employees

Steptoe & Johnson PLLC on

On October 31, 2022, Jennifer A. Abruzzo, General Counsel for the National Labor Relations Board (NLRB), issued a Memorandum regarding new challenges that employers will face for the electronic monitoring and algorithmic...more

Jackson Lewis P.C.

Top Five Labor Law Developments for October 2022

Jackson Lewis P.C. on

1. The National Labor Relations Board modified its test for determining if COVID-19-related conditions warrant mail ballot union elections, potentially signaling a return to mostly in-person votes. Starbucks Corp., 371 NLRB...more

Sheppard Mullin Richter & Hampton LLP

Caught on Video No More? NLRB General Counsel Releases Memo Urging Board to Curtail Employer Use of a Variety of Surveillance...

Sheppard Mullin Richter & Hampton LLP on

On October 31, 2022, Jennifer Abruzzo, the NLRB’s General Counsel (GC), released a memorandum regarding employer use of electronic surveillance and automated management, and its potential interference with employees’ ability...more

Fisher Phillips

NLRB General Counsel Announces Plans to Crack Down on Workplace Monitoring Practices

Fisher Phillips on

The top lawyer from the National Labor Relations Board recently announced that agency investigators should target workplace surveillance and “algorithmic management” technologies that have a “tendency” to interfere with...more

DarrowEverett LLP

I Always Feel Like… My Boss is Watching Me!

DarrowEverett LLP on

Following similar movement by the Equal Employment Opportunity Commission (“EEOC”), which recently released guidance on the use of artificial intelligence by employers, National Labor Relations Board (“NLRB”) General Counsel...more

Robinson+Cole Data Privacy + Security Insider

Privacy Tip #348 – Considerations for Electronic Monitoring of Employees

Robinson+Cole Data Privacy + Security Insider on

I had a really interesting discussion with my students during class this week about employers’ use of electronic means to monitor employees. When I first started teaching Privacy Law at Roger Williams Law School eight or nine...more

Littler

NLRB General Counsel Calls for Board to Crack Down on Electronic Surveillance and Automated Management Practices

Littler on

Technology has revolutionized the workplace and has bolstered business operations and efficiency. Employers are increasingly using automated management systems and other electronic means to ensure that their workplaces are...more

Fox Rothschild LLP

NLRB to Presume that Electronic Monitoring is Unlawful?

Fox Rothschild LLP on

The National Labor Relations Board’s General Counsel recently stated her intention to target employers’ use of electronic monitoring technology and other surveillance equipment as a violation of the National Labor Relations...more

McNees Wallace & Nurick LLC

More on Workplace Surveillance

McNees Wallace & Nurick LLC on

Our blog post on Nanny Cams in the workplace turned out to be one of our most popular posts (makes us wonder what people are putting in the search bar?).  So, we thought we would follow up with some more information for...more

Proskauer - Labor Relations Update

Employer Leaves Lasting Impression…of Unlawful Surveillance

Proskauer - Labor Relations Update on

The NLRB rang in the New Year by examining what constitutes an impression of unlawful surveillance. In Dignity Health d/b/a Mercy Gilbert Medical Center, 370 NLRB No. 67 (January 6, 2021), the Board reaffirmed helpful...more

Stoel Rives - World of Employment

NLRB Gives Employers Greater Discretion to Limit Union Activity on Their Premises

Stoel Rives - World of Employment on

The National Labor Relations Board (the “Board”) recently issued a decision in UPMC Presbyterian Shadyside that reverses longstanding Board precedent and holds that employers no longer have to allow nonemployee union...more

Proskauer - Labor Relations Update

Employers No Longer Have To Allow Union Representatives Use of Public Areas, NLRB Majority Rules

Proskauer - Labor Relations Update on

Citing judicial criticism, as well as the original Supreme Court decisions on the issue, the NLRB swept away years of precedent permitting union representatives to access public areas of an employer’s premises. In UPMC...more

Littler

Hit the Pause Button: The Implications of Recording in the Workplace

Littler on

Workplace recordings have made headlines in recent weeks. For example, Omarosa Manigault-Newman publicly played a recording of a meeting with her then-boss, White House Chief of Staff John Kelly, to bolster her claim that he...more

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