According to the NLRB, the definition of protected concertedactivity is broad and may include co-workers discussing pay orother working conditions. (Photo: Diego M. Radzinschi/THE NATIONALLAW JOURNAL)
Reversing a 2014 Obama-era decision, the National LaborRelations Board (NLRB) recently ruled that employees do not have astatutory right to use employers' email to engage innon-work-related communications.
In Caesar's Entertainment Inc. d/b/a Rio All-Suites Hoteland Casino, the NLRB analyzed a complaint challenging anemployer's handbook rules on computer usage. Among otherrestrictions, the handbook stated that computer resources may notbe used by employees to "send … non-business information" or"solicit for personal gain or advancement of personal views." Thecomplaint alleged that these handbook rules amounted to a violationof Section 7 of the National Labor Relations Act, which protectsworkers who engage in "concerted activity" regardless of whetherthey are union members.
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