Updated Use of Communications and Computer Systems

We have updated the Use of Communications and Computer Systems provisions due to the recent National Labor Relations Board (NLRB) decision in Purple Communications, Inc. in which the NLRB held that an absolute prohibition of personal usage of e-mail during non-working time is unlawful under the National Labor Relations Act. A policy cannot prohibit an employee’s right to use e-mail to engage in protected concerted activity, including but not limited to organizing activities, during non-working time.

The policy can be modified to expressly state that any personal usage is only permitted during non-working time. It also can be modified to provide that personal usage is limited to protected concerted activity but most employers choose not to highlight the issue.