Employment Law Blog

News, trends and analysis in employment law and HR

Oct 17, 2013

Make sure your photography ban satisfies the NLRB

Q&ALabor Relations 

Q:  We have a ‘no photography’ policy to protect our manufacturing process. I have recently read that this limitation may be against the law. Is that true?

A: You will want to be careful in how you enforce this policy. In recent months the National Labor Relations Board (NLRB) has taken the position that prohibiting employees from videotaping and taking photographs in the workplace may have a chilling effect on their right to engage in protected, concerted activity under the National Labor Relations Act. The Board’s interpretation is that such prohibitions prevent employees from using social media to communicate and share information regarding their working conditions, like photographing an alleged unsafe working condition. To decrease the likelihood of a challenge to your policy, be sure your policy specifically lists the areas of your facility and the manufacturing process that you want to protect. And don’t forget, NLRB rules apply to the non-union workplace as well! For more help with this issue contact us to learn about ongoing flat-fee employer counsel with Vigilant.

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