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

a longhorn cow grazing outdoors in grass field
On November 15, 2024, in Commerce v. USDOL, a federal district court in Texas invalidated a Biden Administration regulation that had atte...
a group of people crossing the street
The Fair Labor Standards Act (FLSA) includes provisions known as the white-collar exemption, which carves out certain "executive, adminis...
aircraft carrier at sea
Many employers believe they know the ins and outs of handling maternity leave and military leave, but some issues are now rising that bea...
inclusive sign
Supposedly the oldest magazine in continual publication, The Economist, published in London, has devoted its September 21-27, 2024, editi...
ripped american flag
Many politicians are running on pro-union platforms and often say unions are good for our economy.  But look at what is going on right no...
person using a laptop computer on a desk indoors
A recent development is the shift of employers to the use of online job applications.  Another relatively recent development is the use o...