News & Analysis as of

Remote Working The National Labor Relations Act

Lerch, Early & Brewer

Are You Watching Your Workers? What Employers Need to Know About Employee Surveillance

Lerch, Early & Brewer on

As surveillance technology becomes cheaper, more powerful, and more widely used, many companies want to monitor productivity through surveillance to protect confidential information and ensure compliance with company...more

Tonkon Torp LLP

Employers: How to Navigate Four Common Conflicts to Minimize Litigation Risks

Tonkon Torp LLP on

After more than three decades providing employers legal counsel and litigation representation, I’ve seen (and helped prevent) a great deal of conflict at the workplace. What’s important for every employer to keep in mind is...more

Littler

Dear Littler: What Are Some Considerations Before Implementing Our Return-to-Office Policy?

Littler on

Dear Littler, We are a professional services company with employees in various states. During the pandemic we shifted to fully remote work. As the pandemic subsided, we still leaned into remote work to attract and retain...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Privacy Vs. Productivity: Risks That Come To Employers

On both a federal and state level, there has been a concerted push to protect employee privacy more thoroughly. As the law continues to develop or, as in the case of the NLRB, new methods of enforcement come into play,...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights, Issue 1, April 2023

Severance: Labor Board Prohibits Employers from Restricting Employee Speech in Severance Agreements - In the Apple TV+ show Severance, employees of Lumon Industries may agree to a "severance" program in which non-work...more

Parker Poe Adams & Bernstein LLP

Electronic Monitoring of Remote Workers Raises Labor Law Compliance Questions

By now, we have all heard stories about remote employees who are working two jobs simultaneously, or have installed software that provides the appearance of work activity. In response to concerns over productivity and...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

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

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

Jackson Lewis P.C.

NLRB General Counsel Memo on Electronic Monitoring of Employees

Jackson Lewis P.C. on

Responding in part to the nature of the post-COVID-19 remote workplace, NLRB GC Jennifer Abruzzo has released a memo on employers’ use of electronic monitoring and automated management in the workplace....more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Insights, Issue 3, 2022

The NLRB Proposes to Re-Re-Revise Its Joint Employer Standard - On September 6, 2022, the National Labor Relations Board issued a notice of proposed rulemaking regarding the standard for determining joint employer status...more

Foley & Lardner LLP

Top Legal Issues Facing the Manufacturing Sector in 2022

Foley & Lardner LLP on

As the global economy faces the third year of the pandemic, manufacturers are no longer focused on figuring out when things will return to “normal.” Instead, they are applying lessons learned from the past few years to become...more

Jackson Lewis P.C.

2022: The Year Ahead for Employers

Jackson Lewis P.C. on

In 2021, the workforce continued adapting to an evolving global pandemic, increasingly consequential social movements and a dramatic shift in employment policy ushered in by a change of leadership at the federal level. ...more

Fisher Phillips

The Top 18 Workplace Law Stories from September 2021

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Husch Blackwell LLP

The Labor Law Insider: The Biden Administration - Expected Changes at the NLRB (Part III)

Husch Blackwell LLP on

In Part III of the Labor Law Insider podcast series focused on expected changes at the National Labor Relations Board, Husch Blackwell attorneys David Hertel and Laura Malugade discuss, with Tom Godar, two potential...more

Foley & Lardner LLP

Best Practices for Returning to Work in a Vaccinated World

Foley & Lardner LLP on

For more than a year, the world has reacted to and adjusted for COVID-19. Now, with the arrival of COVID-19 vaccines, there is light at the end of the tunnel and individuals and companies can start moving forward and planning...more

Husch Blackwell LLP

Understanding Employers’ Right To Impose Limits On Political Activities In The Workplace

Husch Blackwell LLP on

As the 2020 general election approaches with many employees working remotely and participating on social media platforms, employers can anticipate that employees will engage in political speech and activity in the workplace....more

Epstein Becker & Green

Tips for Return-to-Work Manager Training - Employment Law This Week®

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Manager-specific COVID-19 training is an essential part of ensuring a smooth and compliant return to work. Managers should be reminded of issues such as properly addressing accommodation requests and recognizing protected...more

Mintz - Employment Viewpoints

Navigating Politics in the Workplace During the Election Season

With the presidential election less than a month away, it is more important than ever that employers proactively manage their work environment to protect against the potential pitfalls that can arise when political...more

Fisher Phillips

July 2020: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ruder Ware

Reopening safely after COVID-19

Ruder Ware on

You are excited to get back to work! However, a few of your employees are not so eager to shed their jammies for pleated pants or steel-toed shoes. Can you force them to return? On the other hand, some employees who are happy...more

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