The National Labor Relation Board's General Counsel, Jennifer Abruzzo, recently issued a memorandum for employers that sets out to restrict the "omnipresent surveillance" of employees in the advent of work at home culture.
Abruzzo specifically identifies GPS tracking, video surveillance and key loggers as potential concerns.
Employers must always be careful when engaging in employee surveillance, and the NLRB's memo gives employers yet more reason to be careful.
The Oct. 31 memo equates automated managing software and artificial intelligence (AI) to surveillance software. Abruzzo identified these surveillance technologies as potentially interfering with employees' Section 7 rights. Section 7 of the National Labor Relations Act states that employees have "the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid and protection." An employer might impinge on those rights when it uses technology to surveil such activities. Abruzzo's memo stands as a warning about how technology may interfere with these rights even if no intent to do so is present. The memo notes that key logging and other automated management software is a potential concern.
All employers, particularly those with remote employees and employees who travel for work, have an interest in ensuring that their employees...
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