News & Analysis as of

Unions Protected Concerted Activity Email Policies

Brooks Pierce

National Labor Relations Board Changes Course On Employee Email

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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

Troutman Pepper

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

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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

White and Williams LLP

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

White and Williams LLP on

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

Bricker Graydon LLP

NLRB restores employers’ right to control email, IT systems

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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

Fisher Phillips

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

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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

McNees Wallace & Nurick LLC

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

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

Spilman Thomas & Battle, PLLC

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

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

Snell & Wilmer

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

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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

Polsinelli

NLRB Extends Deadline for Amici to Address Purple Communications Ruling

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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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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

Benesch

NLRB Turns Attention to Employer Email Systems

Benesch on

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

Proskauer - Labor Relations Update

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

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

Sheppard Mullin Richter & Hampton LLP

New Labor Board GC Signals Overturning Obama-Era Rulings, But Anticipated Vacancies and Recusals Create Uncertainty

On November 8, 2017, Peter B. Robb was sworn in as the General Counsel (GC) of the NLRB for a four year term. Robb succeeds Richard Griffin, who has been the GC since November 2013. Robb wasted no time in taking initial steps...more

Fisher Phillips

Memo From Labor Board’s Top Attorney Signals Change Is On Its Way

Fisher Phillips on

The newly installed General Counsel for the National Labor Relations Board published a memorandum late last week indicating that the General Counsel is preparing to push to reverse many of the controversial positions taken...more

Tucker Arensberg, P.C.

Employee Use of Company Email Systems

Many employers have policies that prohibit employees from using the company email system for personal emails. The theory is that the email system is set up and paid for by the company in order to facilitate company business,...more

Smith Anderson

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

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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

Stoel Rives LLP

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

Stoel Rives LLP on

This will bring you up to date on the new NLRB rule on union elections and the NLRB’s new email decision – both issued in December – and what they mean for your business....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

King & Spalding

NLRB Provides Employee Access to Employer Email Systems

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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

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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

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