National Labor Relations Board

As reported in the Hunton Employment and Labor Perspectives Blog, in Purple Communications, Inc., a divided National Labor Relations Board held that employees have the right to use their employers’ email systems for statutorily protected communications, including self-organization and other terms and conditions of employment, during non-working time.
Continue Reading NLRB Reverses Register Guard; Grants Workers Right to Use Employer Email System for Section 7 Purposes

As reported in the Hunton Employment and Labor Perspectives Blog, a federal district court in New Jersey recently ruled that non-public Facebook wall posts are protected under the Stored Communications Act. This blog post outlines the court’s analysis of the relevant SCA provisions and exceptions applicable to the case.
Continue Reading Federal Court: Non-Public Facebook Wall Posts Are Protected Under the Federal Stored Communications Act

As reported in the Hunton Employment and Labor Perspectives Blog, furthering its controversial ruling in Banner Health System National Labor Relations Board’s Office of the General Counsel released a memorandum providing additional guidance on the confidentiality of internal workplace investigations.
Continue Reading NLRB Releases Guidance on Workplace Investigation Confidentiality Policies

On September 20, 2012, Administrative Law Judge Clifford H. Anderson struck down telecommunications company EchoStar Corporation’s policy prohibiting employees from making disparaging comments about it on social media sites. The EchoStar decision comes on the heels of the recent Costco decision, and indicates that the NLRB will continue to subject broad social media policies that restrict employee speech without any specific limitations to harsh scrutiny.
Continue Reading NLRB Judge Invalidates “Chilling” Social Media Policy Despite Savings Clause

As reported in the Hunton Employment & Labor Perspectives Blog, the National Labor Relations Board has again asserted its willingness to encroach upon employers’ long standing legitimate employment policies in a non-unionized workforce.
Continue Reading NLRB Finds that Requesting Confidentiality in an On-Going Workplace Investigation Violates NLRA