NLRB DECISION REQUIRES REVIEW OF HANDBOOK POLICIES REGARDING EMAIL USE

Woods Warnings- Labor & Employment Alert - By Lorisa D. LaRocca, Esq.

In its recent decision, Purple Communications, the National Labor Relations Board overruled its own 2007 decision, holding that "employee use of email for statutorily protected communications on non-working time must presumptively be permitted by employers who have chosen to give employees access to their email systems".

What does this mean for employers? A policy restricting email use by employees to "business purposes" can no longer prohibit such communications from being used to engage in union activities nor can employers rely on general prohibitions against "engaging in activities on behalf of organizations or persons with no professional or business affiliation" with the employer to avoid general employee use of company email for concerted activity.

Please contact us if you would like to discuss how this decision affects your business.