NLRB General Counsel Jennifer Abruzzo is pressing for stricter enforcement against the use of workplace technologies to monitor employees. As a result, employers should consider the National Labor Relations Act (the “Act”) when conducting forensic reviews of employee emails and texts during internal investigations.
On October 31, 2022, Abruzzo issued Memorandum GC 23-02 titled Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights. This memo urges the NLRB to find that employers presumptively violate the Act if their electronic monitoring and automated management practices interfere with or prevent covered employees from engaging in protected concerted activity.
