Labor Law -- active

Cellco Partnership v. NLRB   (9th Circuit)

Restriction on use of email in employee handbooks

The case arises from a recent decision by the NLRB that deems illegal portions of Verizon's workplace Code of Conduct that prohibits employee use of company email and other systems in various ways. The NLRB said the policies violate employee rights to discuss wages, hours and terms of employment. The NAM joined with the Chamber of Commerce, the Coalition for a Democratic Workplace, the HR Policy Association and the National Federation of Independent Business in an amicus brief arguing that the ruling ignores the rights of employers to establish safe and productive workplaces and secure email systems, creates legal and practical problems for employers of all sizes, and infringes First Amendment speech rights. The rule does not impinge on employee opportunities to use a wide variety of other personal communications technology during their non-work time.

Related Documents:
NAM amicus brief  (November 16, 2017)


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