The ubiquity of smartphone applications (“apps”) that record audio and/or video β coupled with the risk of workplace discussions being uploaded to social media for all to hear β has led many employers to implement “no-recording” policies that prohibit employees from recording workplace interactions. It may come as a surprise to many employers, especially non-union employers, that a law from the 1930s, the National Labor Relations Act (“NLRA” or the “Act”) has recently been construed to generally prohibit broad bans on workplace recordings. In a recent decision addressing a company’s no-recording policy, the National Labor Relations Board’ (“NLRB” or “the Board”) held that such bans unlawfully interfere with the rights of employees β unionized or not β to engage in concerted activity regarding their terms and conditions of employment.
Home > Federal Law Articles > Labor Law > Protected Concerted Activity > Workplace Recording Bans and the NLRA: Are “No-Recording” Policies Still Allowed?