Adam S. Forman, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s Chicago and Detroit offices, was quoted in Law360, in “4 Slam-Dunk Ways Employers Can Block March Madness Suits,” by Aaron Vehling. (Read the full version – subscription required.)
Following is an excerpt:
But Epstein Becker Green’s Adam Forman says management should be careful, because employee surveillance could violate the National Labor Relations Act even if no union activity is involved. The NLRA bars employers from monitoring employees’ efforts to collectively better their work situation, whether through an effort to unionize or just a kvetch session over wages, and while following games may seem like a stretch, Forman says that doesn’t mean the restriction wouldn’t apply.
“If an employer is monitoring [the activity], it could run afoul of NLRA prohibition on surveillance,” he said.