How to craft a ‘no recording’ handbook rule

Back in late 2025, the NLRB laid out a new rule on when employers may ban workers from carrying and using recording devices, including phones and other smart devices like Apple watches. That new rule told employers that banning recording via a handbook rule was presumptively an NLRA violation, and employers have a heavy burden to prove their handbook rule is legal. Now an NLRB administrative judge has clarified what employers must show to justify a no-recording handbook rule.