News & Analysis as of September 20, 2024

Purple Communications

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The phrase "Protected Concerted Activity" refers to certain protected activities specified in the National Labor Relations Act of 1935. Under the NLRA, covered employees may join together to improve their wages and working conditions. If employees are engaged in "protected concerted activity" and suffer adverse employment consequences, such employees may seek redress under the NLRA, whether or not they are members of a union. less -

National Labor Relations Board Changes Course On Employee Email

Brooks Pierce on 1/16/2020

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

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on 1/7/2020

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

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

White and Williams LLP on 12/30/2019

Closing out 2019, the National Labor Relations Board (NLRB or the Board) issued two final opinions that will reverse employee-friendly decisions. The two opinions - Apogee Retail LLC d/b/a Unique Thrift Store (Apogee) and...more

NLRB restores employers’ right to control email, IT systems

Bricker Graydon LLP on 12/20/2019

On December 16, 2019, the National Labor Relations Board (NLRB) issued a major decision restoring employers’ property rights in the use of email and other IT resources. In Caesar’s Entertainment, the NLRB held that employees...more

NLRB Confirms Prohibiting Use Of Company Equipment, Including Work Emails, Is Lawful

Fisher Phillips on 12/19/2019

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

NLRB (Mostly) Restores Employers’ Right to Restrict Use of Their Email Systems

McNees Wallace & Nurick LLC on 12/19/2019

In 2014, the NLRB held in Purple Communications that employers must allow their employees to use company email systems to engage in union activities and other protected conduct under the National Labor Relations Act. Last...more

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

Spilman Thomas & Battle, PLLC on 12/19/2019

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

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

Snell & Wilmer on 12/18/2019

Overruling Obama-era precedent, on December 17 the National Labor Relations Board (Board) published two decisions that will significantly affect all employers. In a decision involving a Las Vegas employer, the Board held...more

NLRB Extends Deadline for Amici to Address Purple Communications Ruling

Polsinelli on 9/5/2018

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

Purple Communications No More? A Look Back at the Landmark Case and Ahead to What May Take Its Place

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/23/2018

On August 1, 2018, the National Labor Relations Board (NLRB) invited briefs on “whether the Board should adhere to, modify, or overrule its 2014 decision in Purple Communications, Inc.” The following questions and answers...more

Third Time’s a Charm? The Republican Majority NLRB Is Re-Examining Section 7 and Company Email

Orrick - Employment Law and Litigation on 8/17/2018

With a new Republican majority in the NLRB, the rules may be changing (again) when it comes to company emails. The NLRB is in the process of re-analyzing when and how employers can restrict employees’ company email use...more

A Tale of Two Trends

Robinson+Cole Manufacturing Law Blog on 8/10/2018

James Madison groupies rejoice! All others can share my confusion. Called the “Father of the Constitution,” scholars credit Mr. Madison for his significant role in the fundamental design of the United States Constitution,...more

National Labor Relations Board Signals That It May Leave Purple Communications Black and Blue

Sheppard Mullin Richter & Hampton LLP on 8/7/2018

On August 1, 2018, the National Labor Relations Board (“Board”) issued a Notice and Invitation to File Briefs, inviting the public to file briefs on whether the Board should overrule its 2014 decision in Purple...more

NLRB Turns Attention to Employer Email Systems

Benesch on 8/7/2018

After a busy eight months since December of 2017 that saw the National Labor Relations Board (“NLRB”) issue a number of important decisions addressing topics such as joint-employers (rescinded), company policies, micro-units,...more

You’ve Got Mail: NLRB Requests Briefing on Standard for Employee Use of Employer Owned Electronic Communication Systems

Proskauer - Labor Relations Update on 8/6/2018

In what could signify the beginning of the end for Purple Communications, Inc., 361 NLRB 1050 (2014) and guaranteed employee access to Employer computer systems for union organizing purposes, the NLRB issued a notice on...more

The NLRB’s General Counsel Rescinds, Revokes and Questions

Mintz - Employment Viewpoints on 12/22/2017

On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected....more

NLRB General Counsel Signals Rollback of Positions Affecting Unionized, Non-Unionized Employers

Parker Poe Adams & Bernstein LLP on 12/13/2017

Once President Trump’s appointees gained a majority of National Labor Relations Board seats this summer, it was only a matter of time before the board began addressing the aggressive pro-employee positions taken by its...more

New NLRB General Counsel Fires Shot Across The Bow

Sherman & Howard L.L.C. on 12/6/2017

NLRB General Counsel Peter B. Robb has made a first and lasting impression with his initial Memorandum describing Mandatory Submissions to Advice. General Counsel Robb announced his intent to review, through the Division of...more

Is Your Computer Use Policy Legal? NLRB Finds a Presumptive Right for Employees to Use Employer’s Email System for Protected...

Smith Anderson on 3/9/2015

Does your company give employees access to company email? Do you prohibit employees from using the company email for personal, non-company use? If so, your policy may violate federal law....more

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Protected Concerted Activity › Unions › Purple Communications

National Labor Relations Board Changes Course On Employee Email

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

NLRB Reverses Itself on Two Obama-Era Pro-Employee Decisions

NLRB restores employers’ right to control email, IT systems

NLRB Confirms Prohibiting Use Of Company Equipment, Including Work Emails, Is Lawful

NLRB (Mostly) Restores Employers’ Right to Restrict Use of Their Email Systems

NLRB Clears the Purple Haze Around Employee Use of Employer E-mail

Employers May Require Confidentiality During Ongoing Disciplinary Investigations and Prohibit Use of Company Equipment for...

NLRB Extends Deadline for Amici to Address Purple Communications Ruling

Purple Communications No More? A Look Back at the Landmark Case and Ahead to What May Take Its Place

Third Time’s a Charm? The Republican Majority NLRB Is Re-Examining Section 7 and Company Email

A Tale of Two Trends

National Labor Relations Board Signals That It May Leave Purple Communications Black and Blue

NLRB Turns Attention to Employer Email Systems

You’ve Got Mail: NLRB Requests Briefing on Standard for Employee Use of Employer Owned Electronic Communication Systems

The NLRB’s General Counsel Rescinds, Revokes and Questions

NLRB General Counsel Signals Rollback of Positions Affecting Unionized, Non-Unionized Employers

New NLRB General Counsel Fires Shot Across The Bow

Is Your Computer Use Policy Legal? NLRB Finds a Presumptive Right for Employees to Use Employer’s Email System for Protected...

What’s Ahead in 2015 for Retailers in Labor and Employment Law? Part II

Labor & Employment Law Alert: New NLRB Rulings and What They Mean for Your Business

Labor Issues Staying at the Forefront of Political, Legal Discussions with NLRB, DOL Activity

The National Labor Relations Board 2014 Year in Review - Overview of the Board's Significant Actions

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

Purple Communications Update

Protected Concerted Activity › Unions › Purple Communications

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