This Conversation May Be Recorded

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This Conversation May Be Recorded

Albuquerque Business Photography

Leah M. Stevens-Block

Content Created and Written By: Leah M. Stevens-Block

The prevalence of emerging smartphone applications that record audio and/or video – coupled with the risk of workplace discussions being uploaded to social media for all to hear – has led many employers to implement “no-recording” policies that prohibit employees from recording workplace interactions. However, in a recent decision addressing a company’s no-recording policies, the National Labor Relations Board (NLRB) held that policies requiring management approval to record could prevent employees from engaging together in workplace activities protected by the National Labor Relations Act. Although the case is currently on appeal to the U.S. Court of Appeals for the Second Circuit, employers may want to use the NLRB’s decision to reevaluate their employee handbooks in light of the Board’s continued attack on relatively common workplace policies.

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