If you’ve recently scrolled social media, chances are likely you came across numerous videos of employees at work. These videos often feature interactions with difficult customers, or show employees and their co-workers discussing, if not complaining about, various incidents that occurred on the job.
Obviously this can lead to some serious problems such as privacy violations and mishandling sensitive information. The easiest solution seems to be banning any recording while on the clock, right? Well, according to National Labor Relations Board (NLRB) precedent, employees have the right to record in the workplace under the National Labor Relations Act (NLRA) if the recording is part of protected concerted activity. This includes a lot of different types of activities.
Be sure to check with a legal expert when crafting a tailored employee workplace recording policy that covers your organization’s legal and business needs without violating any protected concerted activities under the NLRA.