NT Lakis Lawyers File Brief With NLRB, Urging Reversal of Controversial Obama-Era Decision Limiting Employer’s Right To Regulate Employee Use of Employer-Owned Email

NT Lakis lawyers have filed a “friend of the court” brief with the National Labor Relations Board (NLRB) urging the agency to overturn a controversial precedent established in 2015 during the Obama Administration that prohibits employers from establishing policies limiting personal use of employer-owned email systems.

Our brief in Caesars Entertainment Corporation, No. 28-CA-060841 (NLRB October 5, 2018), argues that the Board’s current interpretation, articulated in the 2015 case of Purple Communications, dramatically limits the ability of employers to manage cybersecurity risk and the risk that employer-owned email and computer systems will be used for harassment and other workplace misconduct.

We contend that in reversing Purple Communications, the Board must at a minimum fairly balance the right to manage these types of workplace risks, along with employers’ property rights in computer systems for which they are responsible, against the right of employees to engage in activity protected under the National Labor Relations Act (NLRA).

A copy of our brief is available here.

Members of the Center for Workplace Compliance (CWC) can read more here.