The NLRB recently struck down a Whole Foods policy banning employees from recording conversations or taking photographs in the workplace without management approval. A divided Board found that the policy prohibited protected concerted activity, which violates the NLRA. The Board reasoned that workplace photography or recording is essential in employees vindicating their right to engage in protected concerted activity. But don’t eliminate your policy yet. The NLRB’s reasoning is highly fact-specific, and doesn’t address state laws, industry-specific concerns and concerns about proprietary and trade secret information. And the NLRB’s new posture on workplace recording hasn’t been tested in court. The upcoming presidential election could completely change the dynamic of the Board, which gives us one more reason to pay attention to the presidential race.