Employers Face Robust Monitoring Disclosure in Labor Board Plan

An employer’s obligation to disclose electronic surveillance of workers in a proposal by the National Labor Relations Board’s general counsel expands on a trend in recent regulation of technology-enabled workplace practices.

NLRB General Counsel Jennifer Abruzzo has called for a new legal standard to invalidate employee monitoring that tends to interfere with workers joining together for mutual aid and protection, a right protected by Section 7 of the National Labor Relations Act. If an employer’s legitimate business reasons outweigh those rights, the company would have to notify workers about its practices under Abruzzo’s proposal.

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