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NLRB's General Counsel Pushing Back Against ‘Close, Constant Surveillance’ of Employees

Corporate Counsel

The general counsel of the National Labor Relations Board is aiming to use her organization’s powers to crack down on what she describes as “omnipresent” electronic surveillance of employees.


Howard Knee, a labor and employment lawyer at Blank Rome in Los Angeles who represents employers, said he thinks Abruzzi’s memo will cause companies to approach surveillance tools with caution.

He said the sweeping nature of the memo and the placing of the burden of proof on the employers leaves employers with a lack of clarity.

“That makes it difficult for employers to deal with because you don’t always know whether what you’re doing is lawful or not,” Knee said.

How enforcement plays over time will provide employers with greater understanding of the ground rules, he said.

“We’ll see how aggressively the board is interpreting any new policy, and how they apply it in practice,” Knee said.

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"NLRB's General Counsel Pushing Back against ‘Close, Constant Surveillance’ of Employees," by Hugo Guzman was published in Corporate Counsel on November 2, 2022.