NLRB top lawyer announces intent to protect employees from electronic monitoring

There’s no doubt that technology has revolutionized the workplace and improved business operations and efficiency. The rise of remote work during the COVID-19 pandemic has made certain technologies, such as automated management systems and other electronic surveillance, even more attractive to employers seeking to maintain efficient business operations and manage remote workers.

The General Counsel for the National Labor Relations Board (NLRB), Jennifer Abruzzo, recently announced her intention to crack down on employers’ use of such technologies based on her belief that it may violate the National Labor Relations Act (NLRA). Employers using electronic management technologies of any kind should pay attention to avoid violating the NLRA by using these tools improperly or failing to disclose their use and purpose.

Employee rights under the NLRA

The NLRA is a federal law that provides both union and non-union employees with the right to engage in protected concerted activity related to their employment. Protected concerted activity includes union campaigns, but it also includes employees acting together to address their wages, benefits, or other working conditions.

For example, two employees communicating over company email or an internal messaging system about what they perceive as low wages or lousy benefits is generally protected activity under the NLRA.

The General Counsel’s proposed standard