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
National Labor Relations Board
Ebola and Other Health Emergencies Create Workplace Privacy Dilemmas
Posted on
Fears of a worldwide Ebola pandemic appear to have abated, but the tension between workplace safety and employee privacy, thrown into relief by this health emergency, remains an issue relevant to all employers.
Continue Reading Ebola and Other Health Emergencies Create Workplace Privacy Dilemmas
Federal Court: Non-Public Facebook Wall Posts Are Protected Under the Federal Stored Communications Act
Posted on
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
NLRB Releases Guidance on Workplace Investigation Confidentiality Policies
Posted on
Posted in Workplace Privacy
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
NLRB Judge Invalidates “Chilling” Social Media Policy Despite Savings Clause
Posted on
Posted in Workplace Privacy
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
NLRB Invalidates Costco’s Social Media Policy
Posted on
Posted in Workplace Privacy
As reported in the Hunton Employment & Labor Perspectives Blog, on September 7, 2012, the National Labor Relations Board invalidated Costco Wholesale Corp.’s policy of prohibiting employee electronic posts in its first decision involving an employer’s social media policy.
Continue Reading NLRB Invalidates Costco’s Social Media Policy
NLRB Finds that Requesting Confidentiality in an On-Going Workplace Investigation Violates NLRA
Posted on
Posted in Workplace Privacy
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