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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 [3]
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.

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