Employers Can Restrict Employee Use of Email, Says NLRB, Overruling Precedent

January 13, 2020 | Aging Services Risk Management


Employers may restrict employee use of company-owned email so long as the restrictions do not target protected concerted activity and employees have other reasonable means to communicate outside of working time, the National Labor Relations Board (NLRB) ruled in a recent decision that overturned five-year-old precedent.

The Las Vegas casino and hotel in question employed about 3,000 people at the relevant time. All employees worked at the same facility, which had several nonwork areas (e.g., cafeteria, break rooms) where the employer let employees engage in non-work-related distribution and solicitation. Its handbook contained the following...

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