When Employer Rules Against Recording May Violate NLRA

By Matthew LaGarde and Carolyn Wheeler (August 23, 2017, 10:51 AM EDT) -- The Second Circuit recently affirmed a decision by the National Labor Relations Board finding that an employer's policy prohibiting employees from recording meetings or conversations without management approval violated Section 7 of the National Labor Relation Act. Section 7 of the NLRA guarantees employees the right "to engage in ... concerted activities for the purpose of collective bargaining or other mutual aid or protection." 29 U.S.C. § 157. Section 8(a)(1) of the NLRA, in turn, makes it an "unfair labor practice for an employer ... to interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in [Section 7]." 29 U.S.C. § 158(a)(1)....

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