The NLRB has banned employer rules that “unqualifiedly prohibit all workplace recording.” This opinion explicitly makes the NLRB’s position on workplace recordings consistent with its hostility to policies that purport to limit employee’s use of social media (something I suggested in 2014 would happen).
The Federal Trade Commission is deeply involved in the intersection of emerging technology and the employer-employee relationship. Two such areas merit a closer look: social media endorsements and cybersecurity. (I have previously written about the FTC on the subjects of big data and IoT in the workplace).
Reversing a longstanding ruling, the NLRB yesterday held in Purple Communications, Inc. v. Communications Workers of America (.pdf) that employees could, under certain conditions, use employer email systems for their Section 7 communications. This decision, which will likely have significant workplace ramifications, is based upon erroneous reasoning and raises some very important questions.
The American Postal Workers Union (APWU) recently filed a NLRB charge against the United States Postal Service (USPS) in connection with a data breach that led to the release of 800,000 employee and retiree medical records, social security numbers and bank account and routing information. This has been widely reported and discussed elsewhere.
One overlooked element of this case is the detailed testimony about how the data breach itself was handled. While many breaches make news, the USPS’ testimony before Congress is fairly unique and gives us very interesting insight into the breach. So, what can we learn?