News & Analysis as of

Fair Labor Standards Act (FLSA) Email Policies

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Foley & Lardner LLP

Off-Duty Emails May Be Compensable (or Not)

Foley & Lardner LLP on

After living with the reality of after-hours work emails, texts and cell phone calls for so many years, no one should be surprised that the Fair Labor Standards Act (FLSA) (29 U.S.C. § 201 et seq.) requires employers to pay...more

Cozen O'Connor

2016/2017 Labor & Employment Observer

Cozen O'Connor on

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Stinson LLP

Ambush Elections and Access to Email - A Bad Combination for Employers

Stinson LLP on

Late last week, the National Labor Relations Board (NLRB) made a combination of moves that present significant challenges for employers. First, the Board issued its decision in Purple Communications, Inc., allowing employees...more

Maynard Nexsen

New Year: Resolve, Review, Revise

Maynard Nexsen on

The new year is a time for reflection. With that reflection often comes a resolve for change, from small modifications of some old habits to wholesale new beginnings and everything in between. From a business perspective,...more

Parker Poe Adams & Bernstein LLP

NLRB Says Employees Have Right to Use Company Email for Protected Communications

Last month, the National Labor Relations Board reversed established precedent, concluding that employees must be allowed to use the employer’s email system for protected communications made during non-working hours by...more

Mintz - Employment, Labor & Benefits...

Did the NLRB Really Just Grant Employees the Presumptive Right to Use Employer-Provided Email Systems? We Break Down the Purple...

In a 3-2 decision divided along party lines, the National Labor Relations Board has ruled that employees have a presumptive right to use their employers’ email systems during non-working time to discuss unionization and the...more

Winstead PC

Change in Rules Related to Employee Communications and Use of Employer’s E-mail

Winstead PC on

Since its 2007 Register Guard decision, the National Labor Relations Board (“NLRB”) has taken the position that employees have no statutory right to use company email for Section 7 purposes (e.g., email communications...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

King & Spalding

NLRB Provides Employee Access to Employer Email Systems

King & Spalding on

On December 11 in a 3-2 ruling, the National Labor Relations Board (the “Board”) held in Purple Communications, Inc., that employees may use their employer’s email systems during non-work time in furtherance of their rights...more

Poyner Spruill LLP

NLRB upends legality of employer email policies

Poyner Spruill LLP on

On December 11, 2014, the National Labor Relations Board (NLRB) issued its opinion in Purple Communications, Inc. The NLRB decided employee use of email for statutorily protected communications on nonworking time must...more

Neal, Gerber & Eisenberg LLP

The NLRB Shakes Things Up: Purple Communications and the Board’s New “Ambush” Elections Rule

The National Labor Relations Board (NLRB) made waves last week in two highly controversial maneuvers: first, its long-awaited decision in Purple Communications, Inc., which reversed long-standing NLRB precedent and held that...more

McAfee & Taft

Labor Board ruling has far-reaching impact on employers and workplace policies

McAfee & Taft on

Late last week, the National Labor Relations Board changed the rules on employee use of the employer’s email systems for labor organizing. The Labor Board’s new rule is that employee use of email for union-related...more

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