News & Analysis as of

Purple Communications Section 7

Obermayer Rebmann Maxwell & Hippel LLP

Apple’s Restriction of Employee Slacking Likely Unlawful

Verge reported last week that Apple banned employees from creating a Slack channel to discuss pay equity at the company. Apple claims that the channel violated its terms of use for its Slack channels, stating, “Slack channels...more

Franczek P.C.

Labor Board Approves Rules Allowing Company Search of Employee Vehicles and Employer Provided Electronic Devices

Franczek P.C. on

In Verizon New York, Inc. (Verizon), the National Labor Relations Board (Board) recently found that a work rule reserving the right for the company to monitor and/or search personal property, and a rule permitting the company...more

Fisher Phillips

NLRB Upholds Ban On Use Of Company Email For Union Organizing

Fisher Phillips on

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

Proskauer - Labor Relations Update

Applying the Boeing Standard, NLRB Upholds Employer’s Policies Restricting Cell Phone Use, Non-Work Email Use and Disclosure of...

Applying the facially neutral work rule test laid out in Boeing, the Board recently reversed an Administrative Law Judge decision, concluding that the employer maintained lawful workplace rules restricting employee use of (i)...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

Smith Debnam Narron Drake Saintsing & Myers,...

NLRB’s 2020 Vision is More Employer-Friendly

With the beginning of a new decade comes further evidence of the National Labor Relations Board’s resolve to roll back prohibitive rulings issued during the Obama era. On December 16, 2019, the NLRB issued two rulings which...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

Pierce Atwood LLP on

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

Dechert LLP

National Labor Relations Board Finishes 2019 with a Flurry of Significant Decisions

Dechert LLP on

In what is seemingly becoming an annual tradition, the National Labor Relations Board (the “Board” or the “NLRB”) wrapped up the year with a number of significant pronouncements. Among these actions were rulings narrowing...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

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

Akerman LLP - HR Defense

Three More Employer Holiday Wishes Granted By National Labor Relations Board

Akerman LLP - HR Defense on

The holiday cheer keeps coming from the National Labor Relations Board (NLRB) with the release of three new decisions favoring employers: (1) workplace policies covering confidentiality during workplace investigations are...more

Seyfarth Shaw LLP

NLRB Issues a Flurry of Decisions, Revealing Several Anticipated Gifts for Employers Just in Time for the Holidays

Seyfarth Shaw LLP on

Seyfarth Synopsis: The National Labor Relations Board, pushed out a number of noteworthy decisions early this week.  The Board’s holiday rush coincided with the departure of its sole Democratic member, Lauren McFerran, who...more

DirectEmployers Association

OFCCP Week In Review: December 2019 #4

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Sherman & Howard L.L.C.

The Holidays Came Early For Employers

Sherman & Howard L.L.C. on

Employers rejoice! The National Labor Relations Board (NLRB) released a string of rulings on Monday reversing three controversial Obama-era decisions. With these rulings, the NLRB returned to long-standing rules in areas of...more

Jackson Lewis P.C.

Labor Board: Employers May Prohibit Employee Nonwork Use Of Computer Systems – With Caveats

Jackson Lewis P.C. on

Overturning a controversial 2014 ruling by the Obama-era National Labor Relations Board (NLRB), the NLRB has restored an employer’s right to control employee nonwork use of its information technology and email systems — with...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

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

Littler

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

Littler on

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

Amundsen Davis LLC

Flurry Of NLRB Decisions Bring Holiday Cheer To Employers

Amundsen Davis LLC on

It has been a busy week for the National Labor Relations Board which issued three decisions in quick succession on December 16 and 17. Each of the three is a clear win for employers....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

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

Epstein Becker & Green

NLRB Reverses Purple Communications – Holds Employer May Restrict Employees’ Use of Email and Other Information Technology Systems

Epstein Becker & Green on

On December 17, 2019, the National Labor Relations Board (“Board”) ruled that an employer’s rule prohibiting use of its email system for nonbusiness purposes did not violate employees’ rights under the National Labor...more

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