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 painted of a different looking people
In the Guidance from the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) released March 19, 2025, the go…
seating, indoors, government building
Occasionally, Immigration & Customs Enforcement (ICE) agents, or those from other state and local agencies, come to an employer’s facil…
irst woman jury, Los Angeles
Fairness is a fundamental human instinct.  For example, whatever the rights and wrongs of an employee’s firing, the manner in which the emp…
person reading newspaper on bench outside
Although the list of current issues that are relatively new and critical affecting employment decisions could get quite lengthy, this autho…
what? letter pile
What is the status of workers from Cuba, Haiti, Nicaragua, and Venezuela who were granted parole pursuant to the CHNV programs?
issues on dei promo webinar graphic
DEI is one of the most controversial issues that is most current.  The issues are so major that a significant portion of Fortune 500 compan…