Rule: Employer can restrict worker Email use

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National Labor Relations Board Decision:Employers Can Restrict Use of Employer Email Systems

Barran Liebman
Oregon law firm

In Caesars Entertainment, the NLRB restored employers’ rights to restrict employee use of the employer’s email system so long as it does so on a nondiscriminatory basis, and returned to the standard announced by the NLRB in the 2007 case, Register Guard. Under the Register Guard standard, employees do not have a statutory right to use employer email and other IT resources to engage in non-work-related communications, unless, in rare cases, the use of employer-provided email is the only reasonable means for employees to communicate with each other.