Over the past several years, a growing number of businesses that utilize delivery drivers have begun installing dashcam and similar surveillance technologies in their vehicles. This is for a host of a reasons, including to protect employee and customer safety, ensure driver efficiency, and monitor vehicle location. In response, the National Labor Relations Board (NLRB or the Board) has issued a string of guidance addressing the interplay between workplace surveillance technology and worker rights under the National Labor Relations Act (NLRA or the Act).
By way of background, in an October 31, 2022 memorandum (the “Memorandum”), NLRB General Counsel Jennifer Abruzzo (the “General Counsel”) urged the Board to adopt strict standards with respect to workplace surveillance technologies. The Memorandum opines that employers’ rights “to oversee and manage [their] operations with new technologies [are] ‘not unlimited.” The General Counsel then proposed that the NLRB adopt an expansive, labor-friendly standard under which employers are found to have presumptively violated the Act when “surveillance and management practices, viewed as a whole, would tend to interfere with or prevent a reasonable employee from engaging in activity protected by the Act.”
Unfortunately, the Memorandum is light on clarity. A separate, more recent memorandum issued by the NLRB’s Division of Advice (“DoA”), however, provides insight into how the agency may analyze the use of dashboard cameras in company...
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