On October 31, 2022, the National Labor Relation Board’s (“NLRB”) General Counsel, Jennifer Abruzzo issued a potentially spooky memorandum for employers regarding electronic surveillance and automated management. The memo sets out to restrict the “omnipresent surveillance” of employees in the advent of work at home culture. Ms. Abruzzo specifically identifies GPS tracking, video surveillance, and key loggers as potential concerns. The memo also equates automated managing software and artificial intelligence (“AI”) to “surveillance” software.
