Eric E. Hobbs and Miguel A. Manriquez's article, "When Workplace Recording Restrictions Are Deemed Unlawful" was published on February 5, 2016 in Law360.
"The National Labor Relations Board
recently held in Whole Foods Market Group Inc
. that an unqualified prohibition of all workplace audio recording was unlawfully overbroad under the National Labor Relations Act because photography and audio or video recording in the workplace are protected activity under “certain circumstances.” The NLRB provided minimal guidance in its decision, however, regarding what circumstances qualify as “certain circumstances.”
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