MONDAY MORNING MINUTE: January 20, 2020

Monday Morning Minute

In This Issue

Purple Communications Guidance

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January 20, 2020

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FOR

ALL YOUR BUSINESS NEEDS

TRUSTED LEGAL ADVISORS

FOR

ALL YOUR BUSINESS NEEDS

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MAGA: NLRB UPDATE - PURPLE COMMUNICATIONS OVERRULED

Shortly before Christmas, the National Labor Relations Board reestablished the right of an employer to restrict employee use of its email systems to business use only, provided that it does so on a nondiscriminatory basis.

In Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, the Board overruled the controversial case of Purple Communications, Inc., and held that employees do not have a statutory right to use employers' email and other information-technology (IT) systems to engage in non-work-related communications, including Section 7 protected, concerted or union activity.

Rather, the Board reestablished that employers have the right to restrict the use of their equipment, including their email and other IT systems to business and work-related use, provided that in doing so, they do not discriminate against union or other protected concerted communications. Recognizing that employees must have adequate avenues to engage in communications protected by Section 7 of the NLRA, the Board's decision creates an exception for circumstances where the use of employer-provided email is the only reasonable means for employees to communicate with one another on non-working time during the workday.

If your employee handbook or work rules were revised in 2016 or after to comply with Purple Communications and its liberal email use presumption, you may wish to reconsider returning to a business-use only position in 2020. Call any Spognardi Baiocchi attorney if you need advice on the pros or cons of the liberal v. business use position.

SPOGNARDI BAIOCCHI LLP is a law firm dedicated to partnering with companies of all sizes to address the full spectrum of legal concerns for its business. Our commitment is to find common sense solutions that fit each clients' unique situation to labor, employment, human resources and general business needs.

With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.

For more information on the firm, please go to our website at www.psb-attorneys.com or Lisa at [email protected]

DISCLAIMER: All content in this Monday Morning Minute is intended for general information only, and should not be construed as legal advice applicable to your particular situation. No attorney-client relationship is created. Before taking any action based on the information contained herein, you should consider your personal situation and seek professional advice.