Last week the National Labor Relations Board (NLRB) reversed the Register Guard decision and declared that employees who have access to a company email system now have the right to use that system, on non-working time, to voice their disagreement with their working conditions to co-workers and outsiders. The majority explained that email communications have become the primary means for discussion in the workplace and that a physically disconnected workforce depends on emails for interaction with co-workers, as well as with third parties. As a result of the NLRB’s opinion in Purple Communications, employers should begin reviewing their email policies because outright bans on non-work related use of the company’s email system will be subject to scrutiny by the NLRB.
