On December 24, 2015, the NLRB ruled that an employer’s policy prohibiting employees from recording images or verbal exchanges in the workplace was unlawful. Whole Foods Market had two policies stating it was a violation “to record conversations, phone calls, images or company meetings with any recording device (including but not limited to a cellular telephone, PDA, digital recording device, digital camera, etc.) unless prior approval is received …” Notably, there was evidence that the purpose of the policies was to foster open and frank conversations without someone being concerned they were being secretly recorded. One of the policies expressly stated this purpose. Nevertheless, the NLRB ruled that the policies were unlawful because employees may perceive the policies as prohibiting activity protected by the National Labor Relations Act -- “[p]hotography and audio or video recording in the workplace, as well as the posting of photographs and recording on social media, are protected by Section 7 if employees are acting in concert for their mutual aid and protection and no overriding employer interest is present.” If you have a similar policy in your handbook, you may need to assess whether the policy needs to be revised.
- Partner
For more than 20 years, Kasey Bond has been helping business clients protect and grow their organizations through the effective application of labor and employment laws. She brings extensive experience to bear for her clients ...
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Workplace Violence
- Discrimination
- EEOC
- NLRB
- Department of Labor
- Non-Compete Agreements
- Religion Discrimination
- Title VII
- Reasonable Accommodation
- Coronavirus
- Department of Justice
- Pregnancy Discrimination
- Diversity
- NLRA
- Labor Law
- Artificial Intelligence
- Inclusion
- LGBTQ+
- National Labor Relations Board
- Wage & Hour
- Privacy
- FLSA
- Overtime Pay
- Federal Trade Commission
- Employee Benefits and Executive Compensation
- FMLA
- Arbitration
- Workplace Accommodations
- Employment Litigation
- Medical Marijuana
- IRS
- Litigation
- Social Media
- Employer Policies
- Americans with Disabilities Act
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- OSHA
- Employer Handbook
- ERISA
- Medical Cannabis Dispensaries
- ADAAA
- Whistleblower
- Unions
- ACA
- Affordable Car Act
- United States Supreme Court
- Employer Rules
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Securities Law
- Preventive Care Benefits
- Family and Medical Leave Act
- Health Savings Account
- Environmental Law
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Privacy Laws
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Electronically Stored Information
- Equal Opportunity Clause
- Telecommuting
- Compensable Time
- Occupational Safety and Health Administration
- Security Screening
- Supreme Court
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Confidentiality
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- State Minimum Wage
- Wage Increase
- Disability Leave
- Social Media Content
- Taxation
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
Recent Posts
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?
- EEOC & DOJ New Guidance on DEI-Related Discrimination: What Does it Mean for Employers?
- EEOC Targets 20 Large Law Firms regarding DEI related Employment Practices
- Ohio Senate Bill 11: Key Provisions and Implications for Employers
- Shifting Burdens: Is McDonnell Douglas Past Its Prime?
- Uncertain Ground: The NLRB, EEOC, and the Fallout of Presidential Firings
- UPDATED: What’s Next for the Department of Labor? The Confirmation of Lori Chávez-DeRemer
- Diversity, Equity, and Inclusion: Where Things Stand in Response to Actions Taken by President Trump
- Recent Executive Orders’ Impact on the EEOC
- NLRB Acting General Counsel Rescinds Numerous Predecessor’s Memoranda