Workplace restrictions on photos, video could violate federal law

While this recent NLRB ruling in Arizona deals with union workers, employers need to be mindful that Section 7 of the National Labor Relations Act ("protected concerted activity") may apply to non-union employees as well.

Many businesses prohibit workers and customers from taking pictures or video, citing proprietary, privacy and safety reasons.

But the National Labor Relations Board has issued a ruling saying such restrictions could violate a New Deal-era law that gives workers the right to communicate with each other. The law was originally formed to protect the formation of labor unions.

The NLRB ruling involved a case of grocery store employees being prohibited from videotaping at Giant Food LLC stores. The federal board sided with unionized workers in the case. Giant ended up nixing the policy.

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