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On 31 October 2022, General Counsel Jennifer Abruzzo of the National Labor Relations Board (NLRB) issued a Memorandum called “Electronic Monitoring and Algorithmic Management of Employees Interfering with the Exercise of Section 7 Rights” (Memorandum). The Memorandum proposes an interagency approach to address the implementation of new technologies in the workplace. In particular, the proposal outlines a plan to protect employees from intrusive or abusive electronic monitoring and automated management practices that would affect employees’ rights under Section 7 of the National Labor Relations Act. Section 7 protects the rights of employees to engage in certain activities, such as self-organisation or involvement in labor organisations for the purposes of collective bargaining or mutual aid and protection. The Memorandum also issues a request to the NLRB to adopt a new framework to protect employees from employers’ potential abuse of technology in the workplace.
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