Employees May Be Entitled to Use Company Email for Statutorily Protected, Non-Business Reasons on Nonworking Time
By: Alicia Koepke
The National Labor Relations Board (NLRB) recently held that employees who have access to company email systems are presumptively allowed to use those email systems on nonworking time to engage in statutorily protected communications, such as communicating with other employees about the terms and conditions of employment. Consequently, policies limiting the use of company email to business purposes only may be unlawful (absent special circumstances warranting such a restriction). Companies should review their email policies to determine whether revisions are needed to comply with this ruling. Moreover, before taking any action against employees regarding their emails, companies should carefully consider whether such emails may be protected by the National Labor Relations Act.
For more information on the NLRA, please contact your lawyer, or if you are not currently a client of our firm, contact: Alicia Koepke: 813.227.7493