December 12, 2014
From Law360

The National Labor Relations Board on Thursday held that workers have a right to use their employers' email systems for non-business purposes including communicating about union organizing. Here, attorneys tell Law360 why the decision in Purple Communications Inc. is significant.

“The NLRB continues to seek ways to interject itself in the workplace, union or non-union, and regardless of whether there is an active organizing campaign. When faced with decisions concerning everyday use of email and handheld devices, companies must be able to analyze the law and balance that with the needs of the growing mobile workforce. Prior to today, virtually all employers believed that they could enforce reasonable electronic use policies. The law has been settled on this subject for years, and in reliance on that settled authority, employers have spent time and resources drafting and enforcing policies. Employers should promptly examine their communications policies for compliance with the new standard in Purple Communications.”

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