News & Analysis as of

Electronic Communications Email Policies

BakerHostetler

Data Security, Commercial Email and Employee Reviews Walk into a Bar...

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Sorry folks, there is no punchline here, but there are bottom lines from a settlement the Federal Trade Commission (FTC) announced last week. We discuss three today: (1) the FTC continues to mount broad investigations and...more

Jackson Lewis P.C.

What Companies Can Learn from FINRA’s Significant Enforcement Areas in First Half 2024

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For securities industry employers, Financial Industry Regulatory Authority (FINRA) disciplinary actions and fines can be costly. FINRA disciplinary actions in the first half of 2024 show three areas of significant regulatory...more

Stokes Wagner

New York Says No to Peeping in Employees’ Electronic Devices

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On September 14, 2023, New York’s Governor, Kathy Hochul, signed Assembly Bill 836 (“A836”) into law which prohibits employers from requesting or requiring access to personal accounts such as texts, emails, and mobile...more

CDF Labor Law LLP

No Written Policy, No Email Monitoring Allowed in California

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In March, the Second District Court of Appeal published Militello v. VFarm 1509. In that case, former business partners waged litigation against each other over a dispute centering on their vertically integrated cannabis...more

Bodman

NLRB Telegraphs Possible New Standard for Employee Email Use

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On Friday, September 30, 2022, the NLRB reversed its earlier stance that Chelsea Befort was lawfully terminated for violating T-Mobile’s electronic communications policy. Ms. Befort sent mass emails to all 595 Customer...more

Bilzin Sumberg

SEC Probes Recordkeeping Lapses Arising from Use of Personal Emails and Messaging

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In the last few weeks, several major U.S. financial institutions have disclosed to investors that the United States Securities and Exchange Commission (“SEC”) and/or the Commodities Future Trading Commission (“CFTC”) are...more

Epstein Becker & Green

Monitoring Employee Email and Devices: New York Will Require Employers to Provide Notice

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Employers that monitor their employees’ electronic activities should note that New York State will soon require employers to (i) provide written or electronic notice to employees upon hiring of such monitoring in the...more

Wiley Rein LLP

Email Expressing Intention to Discuss Settlement Constitutes “Claim”

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The U.S. District Court for the Middle District of Florida, applying Florida law, has held that an email stating that the sender intended “to move forward with discussions concerning a national settlement” regarding the...more

Baker Donelson

Rethink How You Communicate with Outside Directors: Certain Communications May Not Be Protected

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A recent decision from the Delaware Court of Chancery is changing how companies communicate confidential information to outside directors. In In re WeWork Litigation, C.A. No. 2020-0258-AGB, a discovery dispute arose within...more

Fisher Phillips

June 2020: The Top 21 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

Fisher Phillips

NLRB Upholds Ban On Use Of Company Email For Union Organizing

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The National Labor Relations Board took the opportunity last week to double down on its recent reversal of the Purple Communications doctrine, holding that T-Mobile USA did not violate federal labor law by implementing a rule...more

Morgan Lewis

The Practical Impact of USPTO Rule Changes on Your Trademark Filings

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The US Patent and Trademark Office (USPTO) confirmed that new rules relating to email addresses required for trademark applicants and registrants and new specimens requirements will go into effect this week. A new examination...more

Ladas & Parry LLP

Ladas & Parry Partners Object To New USPTO Guidelines Requiring Mandatory Disclosure Of Trademark Applicants’ Email Addresses

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The USPTO released long awaited guidelines on February 6, 2020 relating to a new requirement that trademark applicants publicly list their email addresses in each U.S. trademark application or registration....more

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

NLRB Overturns Obama-era Initiatives: A Round-Up of the December Decisions

December 2019 brought significant changes to the National Labor Relations Board (NLRB) case law and election procedures. The following highlights a few of those changes as we get into the new year and policy reviews get...more

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

Shook, Hardy & Bacon L.L.P.

National Employment Perspective: Focus on the NLRB and Employee Communication

Recent Changes to NLRB Guidance Regarding Employers’ Policies Involving Employee Communication - Two recent decisions by the National Labor Relations Board (NLRB) have significantly overturned earlier rulings regarding...more

Pierce Atwood LLP

National Labor Relations Board Expands Employers’ Rights to Enforce Workplace Rules

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In a pair of significant year-end rulings, the National Labor Relations Board overturned two Obama-era precedents that had restricted the ability of both unionized and non-unionized employers to limit the use of company email...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

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

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

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

Littler

Board Overturns Purple Communications, Restores Employer Right to Restrict Email Use

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On December 17, 2019, in a 3-1 decision split along party lines, the National Labor Relations Board (NLRB) restored to employers the right to restrict employees from using company email systems for nonbusiness purposes.  The...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

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

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor...more

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