Labor Law -- 2019



Caesars Entertainment Corp. v. Int'l Union of Painters   (NLRB)

Protection of employer email systems

The NAM filed an amicus brief before the National Labor Relations Board (NLRB) in response to the NLRB’s request for input on whether to reconsider legal precedent that held that employees who have been given access to their employer’s email system for work-related purposes have a presumptive right to use that system for union communications. The NAM’s brief argues that employers should be allowed to safeguard their electronic communications for legitimate business interests, including to minimize distractions in the workplace, to prevent misuses of communications systems, to guard against data security vulnerabilities and to address other liabilities. On December 17, 2019, the NLRB agreed, and reinstated the right of an employer to restrict employee use of its email system as long as it does so on a nondiscriminatory basis.


Related Documents:
NAM brief  (October 1, 2018)