NLRB's Decision in Purple Communications Means Employers Must Take a Close Look at Policies Restricting Employee Email Use

In Purple Communications, Inc., 361 NLRB No. 126 (2014), the National Labor Relations Board (NLRB or Board) issued a 3-2 decision holding that employee use of an employer’s email systems for statutorily protected communications on nonworking time must presumptively be permitted by employers who have chosen to give employees access to their email systems. The Board’s ruling represents a dramatic change in the law regarding employees’ right to organize and will have even broader implications for employer policies regarding their email systems.