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. |