purposes of harassing others or for
purposes that could create liability for
the employer.
and consistently enforced restrictions
such as prohibiting large attachments
or audio/video segments, provided
the employer can demonstrate that
allowing such attachments would
interfere with the employer's email
system's efficient functioning.
the NLRB's established presumption
that employees should be able to use
work email for organizing and related
activity provided the employer can
demonstrate the existence of special
circumstances. It is not clear what
an employer will need to show to
establish special circumstances. The
NLRB provided little guidance on
this point and further indicated that a
finding of special circumstances will
be a rare occurrence.
modification of their email policies until
the federal courts have ruled on this issue.
However, doing so will expose employers
to unfair labor practice charges. The more
conservative approach is to revise your
email policies.