Workplace policies that broadly ban audio or video recordings are facing increased scrutiny from the National Labor Relations Board (NLRB). While employers may restrict recordings to protect sensitive information, the NLRB has warned that blanket bans may unlawfully interfere with employees’ rights to engage in collective activity under the National Labor Relations Act. Examples of protected recordings include documenting unsafe conditions or discriminatory practices. Legal experts advise employers to craft narrowly tailored policies that clearly state legitimate business reasons and allow exceptions for protected concerted activity.
See "Blanket Policies Prohibiting Workplace Recordings May Violate the NLRA", Holly H. Williamson, J. Marshall Horton, The National Law Review, May 9, 2025