NLRB Says Whole Foods' No-Recording Rules Violate NLRA

Law360, New York (January 4, 2016, 4:42 PM EST) -- A National Labor Relations Board majority has ruled that Whole Foods can't bar employees from recording the workplace, finding that policies requiring management approval to record could prevent employees from engaging together in workplace activities protected by the National Labor Relations Act.

A 2-1 board majority ruled on Dec. 24 that two rules in Whole Foods Market Inc.'s employee handbook that prohibit recording company meetings and other aspects of the work environment with a camera or recording device without approval violate the NLRA. Employees could reasonably understand the rules as prohibitions of protected, concerted activity, such as unionization efforts or engaging...

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