News & Analysis as of

Protected Concerted Activity › Electronic Communications

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... more +
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 -
Brooks Pierce

National Labor Relations Board Changes Course On Employee Email

Brooks Pierce on

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

Troutman Pepper on

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

Bricker Graydon LLP

NLRB restores employers’ right to control email, IT systems

Bricker Graydon LLP on

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

Fisher Phillips on

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

McNees Wallace & Nurick LLC on

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

Snell & Wilmer

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

Snell & Wilmer on

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

Akerman LLP - HR Defense

Minimizing Risks of BYOD Use For Work

Akerman LLP - HR Defense on

Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more

Proskauer - Labor Relations Update

Labor Day Wouldn’t Be Labor Day Without New NLRB Decisions

Proskauer - Labor Relations Update on

The onset of Labor Day and the end of the NLRB fiscal year (September 30) one can count on seeing a number of decisions issued.  This year is no different, and perhaps more are being issued during these last few days because...more

Bryan Cave Leighton Paisner

Data Privacy Recommendations for Crafting Employee Monitoring Policies

Bryan Cave Leighton Paisner on

Federal laws prohibit the interception of another’s electronic communications, but these same laws have multiple exceptions that generally allow employers to monitor employees’ email and internet use on employer-owned...more

McNees Wallace & Nurick LLC

NLRB Finds Discussions With Employees Of Another Employer Can Constitute Protected Activity

McNees Wallace & Nurick LLC on

As we discussed with participants in our recent Labor and Employment Law Seminar, despite recent setbacks, the National Labor Relations Board continues to issue decisions that are concerning for employers....more

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