Accessibility Tools

Skip to main content

EMPLOYERS MAY AGAIN RESTRICT USE OF THEIR EMAIL SYSTEM

Written on .

The NLRB has re-established the right of an employer to restrict employee use of its email system if it does so on a non-discriminatory basis.  Caesars Entertainment, Inc., 368 NLRB No. 143.  This case reversed an Obama-era ruling that employees given access to the employer's email system had a presumptive right to use that system, on non-working time, for union or other concerted activities.  In the current ruling, the Board stated that employees do not have a statutory right to use the employer's email and other information-technology (IT) resources to engage in non-work-related communications.  The ruling indicates that employers may lawfully exercise that right to restrict the uses to which those systems are put, provided that in doing so, they do not discriminate against union or other protected concerted communications.  The Board in essence reinstated the rulings that existed prior to the Obama NLRB.

In doing so, the Board agree with business groups that employers have property and First Amendment rights to limit the use of their own email systems.  An exception will remain, however, for cases "where an employer's email system furnishes the only reasonable means for employees to communicate with one another."

Related Content

Get Email Updates

Receive newsletters and alerts directly in your email inbox. Sign up below.

Recent Content

Palmyra, Syria
On Thursday, June 25, 2026, the Supreme Court ruled that federal courts cannot review any determination of the Secretary of Homeland Securi…
thermometer
Although there is no federal Occupational Safety and Health Administration (OSHA) heat rule, OSHA still issues heat citations under its Gen…
Marijuana
On April 23, 2026, a final Order was issued reclassifying FDA-approved medications that contain marijuana authorized pursuant to a state an…
white house lawn
There has been a lot of confusion about the 2026 filing of EEO-1 reports, also known as Standard Form 100.  According to a notice of an EEO…
ai robot, table
In last month’s newsletter, we discussed a federal case from New York which held that an individual’s artificial intelligence-generated doc…
ai visualization
Employers are struggling with how to handle trans-sexual employees who choose to use the bathroom of their gender choice, rather than their…