Employees Should Not Have Recording Rights Under NLRA

Law360, New York (October 31, 2014, 10:35 AM EDT) -- The National Labor Relations Board has held that employees have a broad right under federal labor law to discuss their “wages, hours and working conditions” on social media. But the NLRB has yet to deal with the convergence of next-generation recording technology and social media. Will the NLRB expand its social media doctrine to protect workplace recording so long as the employee intends to use the recording to discuss working conditions on social media?

In fact, the NLRB's general counsel is already pursuing an enforcement agenda that protects certain workplace recordings under labor law. In furtherance of that agenda, he is...

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