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National Labor Relations Board › Employee Monitoring › Employee Rights

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +
The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA.    less -
McGlinchey Stafford

NLRB General Counsel Already Instituting Changes

McGlinchey Stafford on

The National Labor Relations Board (NLRB) can change subject to political whims – particularly since the President appoints the agency’s board members and the Office of the General Counsel. Interestingly, on January 25,...more

Troutman Pepper Locke

Somebody’s Watching Me: the NLRB’s Crackdown on Employee-Monitoring Technology

Troutman Pepper Locke on

In recent years, many employers have increased their use of employee monitoring technology as a means to promote more efficient operations, particularly in light of the pandemic-induced shift to remote or hybrid working...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

Bodman

NLRB General Counsel Puts Employers on Notice That Employee Electronic Monitoring May Violate the NLRA

Bodman on

As technological advancements make electronic monitoring of employees easier, the proliferation of remote work creates new and strong incentives for employer investment in such monitoring tools. This dynamic prompted National...more

Epstein Becker & Green

Following the Recent Regulatory Trends, NLRB General Counsel Seeks to Limit Employers’ Use of Artificial Intelligence in the...

Epstein Becker & Green on

On October 31, 2022, the General Counsel of the National Labor Relations Board (“NLRB” or “Board”) released Memorandum GC 23-02 urging the Board to interpret existing Board law to adopt a new legal framework to find...more

McAfee & Taft

Electronic management tools targeted as potentially illegal workplace surveillance

McAfee & Taft on

The General Counsel of the National Labor Relations Board recently issued another General Counsel’s Memorandum to announce her next litigation target.  Memorandum GC 23-02, issued October 31, 2022, takes aim at electronic...more

Davis Wright Tremaine LLP

NLRB General Counsel Pushes for "Vigorous Enforcement" of Employers' Use of Technology

Davis Wright Tremaine LLP on

Employers have long used electronic management tools to track and improve employee performance, including GPS on company vehicles, employee badges for access or timekeeping, and monitoring software on work computers. The...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

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

New NLRB General Counsel Memorandum Continues Trend of Increasing Oversight of Employer Technology Use

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

Over the last decade, and arguably accelerated by the pandemic, employers have increasingly relied on new technologies to monitor, manage, and hire employees. Some of these technologies include tracking devices, keyloggers,...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

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

Faegre Drinker Biddle & Reath LLP

NLRB General Counsel Encourages Increased Scrutiny of Electronic Employee Monitoring

Faegre Drinker Biddle & Reath LLP on

On October 31, 2022, the General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, issued a memorandum instructing regional offices to closely scrutinize employer use of certain electronic monitoring,...more

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