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Description

Issued NLRB Memorandum on Electronic Monitoring and Algorithmic Management of Employees

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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Scope

Policy Area
Other operating condition
Policy Instrument
Employment regulation
Regulated Economic Activity
ML and AI development
Implementation Level
national
Government Branch
executive
Government Body
other regulatory body

Complete timeline of this policy change

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2022-10-31
adopted

On 31 October 2022, General Counsel Jennifer Abruzzo of the National Labor Relations Board (NLRB) i…