To embed, copy and paste the code into your website or blog: On May 3, 2021, the National Labor Relations Board (“NLRB” or the “Board”) found that the employer’s policy barring workers from recording conversations with their colleagues did not violate the National Labor Relations Act (the “Act”). The Board’s decision further clarified how its analysis under Boeing Co., 365 NLRB No. 154 (2017), providing three categories, should be applied in evaluating workplace rules and policies. The employer was alleged to have violated the Act by maintaining a work rule stating, “employees may not record telephone or other conversations they have with their co-workers, managers or third parties unless such recordings are approved in advance by the legal department.” The ALJ held that the policy’s ability to serve the company’s interests was outweighed by how it interfered with workers’ Section 7 rights. The Board, however, overturned the ALJ’s decision, holding, “[t]he policy has a comparatively slight impact on employees’ Section 7 rights.” The Board further stated that “[a]lthough the policy may prevent recording of some protected conversations, the vast majority of conversations covered by the policy bear no relation to Section 7 activity.”