Matthew Fontana Comments on National Labor Relations Board Proposal With Bloomberg Law

In “Employers Face Robust Monitoring Disclosure in Labor Board Plan,” Bloomberg Law turned to labor and employment partner Matthew Fontana for his commentary on the National Labor Relations Board general counsel Jennifer Abruzzo’s call for a new legal standard to invalidate employee monitoring that tends to interfere with workers joining together for mutual aid and protection.

Fontana noted that Abruzzo’s proposal appears to maximize safeguards for organizing, providing for disclosure when an employer successfully shows it has a business reason for its surveillance program. “The general counsel seems to have fashioned a test that says, ‘Heads, your Section 7 rights are vindicated, and tails, your Section 7 rights are vindicated,’” he said.