NLRB’s Interpretation of NLRA Continues to Favor Unions: Workplace Technologies and Employer Surveillance Practices Under Scrutiny

The National Labor Relations Board (NLRB) plays a crucial role in interpreting and enforcing the National Labor Relations Act (NLRA). In recent times, the NLRB has been moving the needle in favor of unions, with significant implications for employers. This article explores the NLRB’s interpretation of the NLRA, focusing on two important aspects: workplace technologies and employer surveillance practices.

NLRB General Counsel’s Memo on Workplace Technologies

NLRB General Counsel Abruzzo issued a noteworthy memo that emphasizes the need for employers to rigorously apply Board law in cases involving new workplace technologies. This memo brings attention to the existing NLRB law on employer surveillance of union organizing attempts. Abruzzo identified certain restrictions that employers must abide by when engaging in surveillance activities.

Balancing employer and employee rights

Balancing employer interests with employee rights under Section 7 of the NLRA is crucial. General Counsel Abruzzo highlights the need to prioritize the rights of employees to exercise their protected activities. This recognition establishes the groundwork for assessing employer surveillance practices and their potential impact on employee rights.

Proposed Violation Standard for Employer Surveillance Practices

The memo issued by General Counsel Abruzzo urges the NLRB to adopt a presumptive violation standard under Section 8(a)(1). According to this standard, an employer would be presumed to have violated the NLRA if their surveillance and management practices, when viewed as a whole, tend to interfere with or prevent reasonable employee engagement in activities protected by the Act. Employers will be required to demonstrate that their surveillance technology is narrowly tailored to address a legitimate business need and that alternative means that are less damaging to employee rights are not feasible.

NLRB’s ruling in the Starbucks case

A recent case involving Starbucks Corporation sheds light on the NLRB’s stance towards employer surveillance practices. In this case, two Starbucks employees covertly recorded conversations with management without their consent. Starbucks argued that the recordings violated the company’s policy and Pennsylvania law, which is a two-party consent state. However, the NLRB rejected Starbucks’ argument and determined that the employees were engaged in protected activity under the NLRA. As a result, the employees were entitled to reinstatement.

The After Acquired Evidence Rule

Another significant aspect of the NLRB’s interpretation relates to the after-acquired evidence rule. For employers to invoke this rule, they must demonstrate three key elements: first, that they were unaware of the alleged misconduct at the time of the employee’s discharge; second, that the misconduct was severe enough to justify discharge; and third, that they would have discharged a similarly situated employee for that misconduct alone. This rule places the burden on employers to prove the conditions necessary for invoking it.

The NLRB’s continued interpretation of the NLRA in favor of unions is reshaping the landscape for employers. The memo issued by General Counsel Abruzzo highlights the need for employers to carefully navigate workplace technologies and surveillance practices to ensure compliance with the NLRA. The Starbucks case exemplifies the NLRB’s commitment to protecting employee rights, particularly in relation to surveillance practices. Employers must understand the after-acquired evidence rule and the burden it places on them. As the NLRB continues to move the needle on its interpretation of the NLRA, employers and employees alike should be aware of the evolving landscape and its implications for workplace rights and practices.

Explore more

Encrypted Cloud Storage – Review

The sheer volume of personal data entrusted to third-party cloud services has created a critical inflection point where privacy is no longer a feature but a fundamental necessity for digital security. Encrypted cloud storage represents a significant advancement in this sector, offering users a way to reclaim control over their information. This review will explore the evolution of the technology,

AI and Talent Shifts Will Redefine Work in 2026

The long-predicted future of work is no longer a distant forecast but the immediate reality, where the confluence of intelligent automation and profound shifts in talent dynamics has created an operational landscape unlike any before. The echoes of post-pandemic adjustments have faded, replaced by accelerated structural changes that are now deeply embedded in the modern enterprise. What was once experimental—remote

Trend Analysis: AI-Enhanced Hiring

The rapid proliferation of artificial intelligence has created an unprecedented paradox within talent acquisition, where sophisticated tools designed to find the perfect candidate are simultaneously being used by applicants to become that perfect candidate on paper. The era of “Work 4.0” has arrived, bringing with it a tidal wave of AI-driven tools for both recruiters and job seekers. This has

Can Automation Fix Insurance’s Payment Woes?

The lifeblood of any insurance brokerage flows through its payments, yet for decades, this critical system has been choked by outdated, manual processes that create friction and delay. As the industry grapples with ever-increasing transaction volumes and intricate financial webs, the question is no longer if technology can help, but how quickly it can be adopted to prevent operational collapse.

Trend Analysis: Data Center Energy Crisis

Every tap, swipe, and search query we make contributes to an invisible but colossal energy footprint, powered by a global network of data centers rapidly approaching an infrastructural breaking point. These facilities are the silent, humming backbone of the modern global economy, but their escalating demand for electrical power is creating the conditions for an impending energy crisis. The surge