Camera Phones/Recording Devices
We have updated the Camera Phones/Recording Devices provisions to reflect issues concerning such policies raised by the National Labor Relations Board (NLRB). The NLRB has taken the position that such a policy can restrict protected concerted activity. The model policy builds in confidential information protections to help defend against any argument brought by the NLRB, but it is not a fail-safe.
While an employer may wish to have the policy for business reasons there is a major risk with NLRB, especially if the employer cannot support legally and practically a total ban on cell phones and other recording devices on premises.