Scott McIntyre and Erika Spears write:
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not. The NLRB, in its recent 2-1 Fresh & Easy Neighborhood Market and United Food and Commercial Workers International Union decision, 361 NLRB No. 8 (July 31, 2014), ruled that the company’s “confidentiality and data protection” rule violated Section 8(a)(1) of the National Labor Relations Act (the Act). This decision is a reminder that businesses acting proactively to avoid data breaches and comply with privacy laws must also consider the NLRB’s view of employee rights if an employee may be implicated in wrongdoing, regardless of the context or label placed on the workplace rule.
Read more on Baker Hostetler Data Privacy Monitor.