News & Analysis as of

Unions Protected Concerted Activity Fair Labor Standards Act (FLSA)

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

Beltway Buzz - September 2023

DOL Proposes Changes to Overtime Regulations. On August 30, 2023, the U.S. Department of Labor (DOL) announced that it would issue a notice of proposed rulemaking to amend the regulations implementing the overtime provisions...more

Fisher Phillips

Web Exclusive: The Top 14 Workplace Law Stories Of December 2019

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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

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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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

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - July / August 2015

Quickie elections seem here to stay, but Senate Republicans aren’t giving up. On July 29, the National Labor Relations Board won another challenge to its “quickie election” rules pursued by employer groups. This time, Judge...more

Stinson LLP

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

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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

Burr & Forman

Purple Communications Update

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By now, you have probably heard about Purple Communications, Inc., the NLRB's December 11, 2014 decision concerning company email accounts. The agency ruled that employees with access to company email systems "in the course...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

Partridge Snow & Hahn LLP

Employers - Be Prepared to Revise Your Email Policies

It’s official; the longstanding rule of the National Labor Relations Board (NLRB) that employees have no statutory right to use work email for communications with each other regarding unionizing activities has changed. On...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

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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

Constangy, Brooks, Smith & Prophete, LLP

Executive Labor Summary - November/December 2014

NEWS & ANALYSIS - NLRB changes longstanding rule for deferral to arbitration awards - The National Labor Relations Board has had a busy December with four major new developments. We have already reported on two of the...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

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

Troutman Pepper

NLRB Protects Workers’ Right to Use Employer Email Systems for Union Activities

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The National Labor Relations Board (NLRB or Board), in its December 11 Purple Communications, Inc. and Communications Workers of America, AFL–CIO decision, reversed certain Board precedent on employees’ use of employers’...more

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

The Employment Law Authority - December 2014

In This Issue: - Justices Issue Pro-Employer Rulling in FLSA Case - Ogletree Deakins Named A "Law Firm of the Year" - California Mandates Anti-Bullying Training for Supervisors - OFCCP Issues Final...more

Robinson & Cole LLP

The Gift-Giving Season? Three “Game-Changing” Employment Developments Impacting Manufacturers

Robinson & Cole LLP on

The approaching holidays may have put Congress, the National Labor Relations Board and the United States Supreme Court in the “gift-giving” mood. In the last week, three significant developments occurred which may radically...more

Franczek P.C.

Under the FLSA, the NLRB Says Even "Non-Concerted" Activity Can Be Concerted

Franczek P.C. on

My colleagues and I have noted repeatedly over the past couple of years that the National Labor Relations Board takes a very expansive view of the National Labor Relations Act, even (and perhaps especially) when the case does...more

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