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  • May 15, 2017

Maryland Wiretapping Law vs. Workers’ Rights Under the NLRA

With the omnipresent smartphone making its way into the workplace, employers have tried to address some of the concerns that come along with such devices. Secretly recording the conversations of others with a cell phone can be very easy given today’s discrete technology. Predictably, many employers would (and do) take issue with such activity.  Moreover, such activity is illegal under Maryland law.  On the other hand, one federal agency—the National Labor Relations Board (“NLRB” or “the Board”)—asserts that employees should have the right to secretly record others as an exercise of their rights in the workplace.  This divergence between federal…

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