Podcast Episode 181: Making Audio Content Work for Your Firm
[WEBINAR] Exploring the CPRA’s Investigatory Privilege
Judge Learned Hand, American Idol?
Back in 2021, we reported on a D.C. Circuit decision that the National Labor Relations Board (NLRB or Board) could rely on a secret, arguably illegal, recording of an employer meeting with employees in finding that the...more
In a world where it is far too easy to click ‘Record’, National Labor Relations Board (NLRB) Acting General Counsel William Cowen has pressed ‘Delete’ on a party’s ability to secretly record a collective bargaining session....more
New advanced features built into smartphones, mobile devices, and other applications allow individuals to record and transcribe phone calls and meetings more easily than ever before. While such tools can improve employee...more
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
Social media usage remains ubiquitous in 2024, and a recent trend sees the increased use of social media by employees to document their experiences with layoffs and disciplinary actions in the workplace. ...more
The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth...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 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
In the age of smartphones, virtually everyone has a recording device at his or her fingertips—including employees. This can present challenges in the workplace. For example, smartphones and other technology enable employees...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
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
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
Many workplaces use video monitoring for security or inventory control. Most employees have cell phones with audio or video recording capabilities. Employers and employees often have questions about if or when video or...more
Q. Can employers prevent employees from recording conversations in the workplace. A. Sometimes. As technology continues to advance, so does the likelihood that everything you say and do is being recorded, even in the...more
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
On June 1, 2017, the Second Circuit empowered employees with smartphones by affirming the National Labor Relations Board’s (NLRB’s) recent decision that no-recording policies violate Section 8(a)(1) of the National Labor...more
About a year ago, the National Labor Relations Board (NLRB or Board) struck down another neutral employer workplace rule – this one against making unauthorized recordings in the workplace. The NLRB’s decision just was...more
1. Handbook rules requiring employees to obtain preapproval to use cameras and other recording devices at work are not per se unlawful, according to the National Labor Relations Board. Mercedes-Benz U.S. Int’l Inc., 365 NLRB...more
With little fanfare, the Second Circuit Court of Appeals recently upheld a National Labor Relations Board decision striking down Whole Foods’ policies prohibiting workplace audio or video recording without prior approval from...more
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
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This...more
In the era of the ever-present cell phone, where many people seem to video and record (and then post to social media) virtually everything that goes on in their lives, employers have tried to limit such activity in the...more
DOL Actions Undercut Obama Administration on Joint Employers and Independent Contractors In the past week, the U.S. Department of Labor (“DOL”) under new Labor Secretary Alex Acosta has moved to dismantle a series of the...more
On June 1, 2017, the U.S. Court of Appeals for the Second Circuit, which covers Connecticut, New York and Vermont, upheld a National Labor Relations Board (“NLRB”) finding that Whole Foods Market Group, Inc.’s no-recording...more
On June 1, the Second Circuit issued a summary order in Whole Foods Market Group, Inc. v. NLRB, affirming the National Labor Relations Board’s order in Whole Foods Market, Inc., 363 NLRB No. 87 (2015), where the Board found...more