Fellow Ohio attorney Jon Hyman, author of “Ohio Employer’s Law Blog” recently dove deep into the footnotes of the Whole Foods decision and resurfaced with an excellent, albeit frightening, analysis of the Board’s thought process. Footnotes 7 and 9 may provide a peek into the Board’s future desire to, as Jon says, “stretch the definition…

A few weeks ago, the NLRB ruled that non-union Whole Foods’ workplace policy that prohibits employees from recording conversations or taking pictures with their phones was unlawful. The Board thought this policy stifled open conversation. Ironically, Whole Foods said the policy was, in fact, to encourage open conversation because people may be less frank if…

The Rio Hotel & Casino had a handbook policy that stated, “Cameras, any type of audio visual recording equipment and/or recording devices may not be used unless specifically authorized for business purposes (e.g. events).” The policy applied to the Rio’s 3,000 employees, about half of whom are represented by a union. The National Labor Relations…