In December, the National Labor Relations Board (“NLRB”) ruled that employers may bar employees from using company emailfor non-business purposes, overturning Obama-era NRLB decisions. In Purple Communications, Inc. (2014), the NLRB held that employees had a “presumptive right” to use employers’ email and other information technology; however, in Caesars Entertainment d/b/a Rio All-Suite Hotel and Casino (2019), the NLRB decided that employees do not have such a right related to non-work-related communications.
Business Takeaway: Your business has considerable discretion regarding how to handle work-provided email and other IT resources. Establishing and consistently enforcing your policies is the challenge. To find out more about computer, internet, and other information technology policies, contact Julia at 414-446-8800 or julia@goldsteinsc.com.