Elizabeth Cyr Quoted in Human Resources Executive on Recording Policies in the Workplace

Akin Gump senior counsel Elizabeth Cyr, a member of the firm’s labor and employment practice, was quoted in the Human Resources Executive article “Hitting pause on Workplace-Recording Policies” regarding a recent ruling by the National Labor Relations Board (NLRB) pertaining to Whole Foods Market’s no-recording policies, which the board said violated employees’ protected rights. The company has no appealed the decision to the 2nd Circuit Court of Appeals.

Cyr said the NLRB decision follows suit with others, such as one in August 2015 against a policy at Rio All-Suites Hotel and Casino, which was referenced in the Whole Foods ruling. “In the broader sense, all management and HR executives do need to be concerned about the nuances of their employee handbook,” she said. “We know now the NLRB will take the time to scrutinize on a very micro level. This is another example.”

Employers that have no-recording policies, Cyr added, should consider whether they make clear a special interest that would justify a recording ban. That could include a hospital setting to protect patient information or settings where confidential client information could be exposed.