Can we prohibit employees from making audio recordings at work? As advancements in technology continue to increase, and it becomes easier and easier for employees to surreptitiously record conversations, this inquiry is posed by many employers. In fact, we discussed this very question back in 2013. Unfortunately, the answer to this question is perhaps the most often used attorney response – “Maybe.” This is especially true given the recent decision from the National Labor Relation Board (NLRB) in Whole Foods Market, Inc. and United Food and Commercial Workers, Local 919 and Workers Organizing Committee of Chicago. For employers, or those looking to prohibit the use of recording devices, the NLRB’s decision, issued on December 24, 2015, is more akin to coal than an early Christmas present.
Home > Federal Law Articles > Human Resources > Privacy And Surveillance > Prohibiting Recording Devices – The Dreaded “Maybe”