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Labor and Employment Law Alert - Another One Bites the Dust: NLRB Invalidates Another Widely-Used Personnel Policy

Over the last few years, employers have seen the National Labor Relations Board (NLRB) strike down social media policies, email policies, workplace disruption policies and various other "work rules" that are common in workplaces across the country. On Dec. 24, the NLRB struck down yet another one. In Whole Foods Market, Inc., 363 NLRB No. 87 (2015), the Board held that an employer's prohibition on the use of recording devices in the workplace to record conversations, events, etc., without company authorization was unlawful under the National Labor Relations Act (NLRA).

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