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In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more
Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would...more
From time to time, situations arise that prompt an employer to want to review an employee’s emails and other electronic communications. In matters involving internal investigations, concerns about a breach of an employee’s...more
Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more
Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year. In Caesars...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more
A Trending News interview from Employment Law This Week®, featuring attorney Steve Swirsky, Member of the Firm: The National Labor Relations Board (NLRB) ended the year with a flurry of activity, including the relaxing of...more
The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more
The National Labor Relations Board decided Tuesday, December 17th, that employees have no statutory right to use an employer’s equipment, including work emails and IT resources. Therefore, employers may legally restrict the...more
The NLRB reversed the controversial holding in Purple Communications, which allowed employees to use their employer's e-mail system during non-working hours to engage in Section 7 protected discussions regarding wages, hours...more
On August 31, 2018, the National Labor Relations Board (“NLRB” or “Board”) extended the deadline for public comment regarding whether the Board should revisit its 2014 ruling in Purple Communications, 361 NLRB 126 (2014). ...more
Introduced on August 8, 2016 and effective since January 1, 2017, the “El Khomri law” (named after the French Labor Minister) or “loi travail” granted employees in France the "right to disconnect" from digital devices....more
Can a company prohibit its employees from participating in public writing or speaking engagements without prior company authorization? What about speaking to the press or media? Such policies are common and routinely included...more
Facebook. Twitter. LinkedIn. YouTube. Blogs. Email. Texts. Social media and the “E-Workplace” have become a fact of life for all employers. Companies have learned that these social media sites can be powerful marketing tools,...more
Connecticut has joined a list of twenty-one states with a statute designed to preserve the privacy of personal online accounts of employees and limit the use of information related to such accounts in employment...more
Since 2001, the French Court of Cassation has made a continuous effort to refine and, in some circumstances, narrow the scope of the right to privacy in the workplace with a view to reaching a fair and balanced approach. The...more
Today, the National Labor Relations Board held that employees have a right to use their employer’s communications systems – including email – for protected activity during non-working time, unless the employer prohibits all ...more
Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more
Google Required To Produce Emails In Response To Former Employer's Subpoena - Negro v. Superior Court, 2014 WL 5341926 (Cal. Ct. App. 2014) - Navalimpianti USA, Inc. subpoenaed Google, Inc. to produce copies of...more
We have a mini-FMLA crisis on our hands this week, and the courts are to blame. This issue involves the FMLA notices that employers send to employees, but more importantly, the delivery route in which they send them....more
The NLRB marked the end of summer by issuing its highly anticipated decision in Purple Communications, which many believed would address whether employers can continue to ban use of company equipment and technology,...more
On Monday, the National Labor Relations Board’s General Counsel filed a brief asking the Board to rule that employees have a protected right to use their employer’s internal e-mail system for union organizing. The Board’s...more
The National Labor Relations Board (NLRB) has invited the public to file amicus ("friend of the court") briefs by June 16, 2014 addressing whether employees have the statutory right to use employers’ email and other...more
Under current law, employees have no statutory right to use their employer-provided email for Section 7 purposes. However, on April 30, 2014, the National Labor Relations Board (NLRB or the Board) released a Notice and...more