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Employee Rights › Electronic Communications

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Ius Laboris

Email on company account can be ‘private’

Ius Laboris on

In France, actions taken by an employee in his or her personal life cannot generally be used by the employer to justify a disciplinary dismissal. Dismissal for personal speech or activity can only be justified if it...more

Fisher Phillips

4 Steps to Prepare for Kenya’s Proposed “Right to Disconnect” Law

Fisher Phillips on

Kenya has taken a significant step in addressing the balance between work and personal life by introducing a “right to disconnect” law. The Employment (Amendment) Bill 2022, which is pending before the Kenyan Senate, would...more

Proskauer - Labor Relations Update

NLRB Alters Timing Requirements for Electronic Notice Posting in Workplaces Impacted by COVID-19

Proskauer - Labor Relations Update on

In a decision issued on June 2, the National Labor Relations Board modified the timing of its electronic notice-posting requirement in circumstances where an employer has not yet reopened its facility due to COVID-19, or...more

Littler

Ontario, Canada to Introduce Legislation Requiring Employers to Disclose Electronic Monitoring of Workers

Littler on

On February 24, 2022, Ontario announced that later this month, in an effort to protect the privacy of employees, it will be the first province to introduce legislation requiring employers to tell their workers if and how they...more

Lowenstein Sandler LLP

Can I Read My Employee’s Emails? New York Law Will Require Advance Notice Effective May 2022

Lowenstein Sandler LLP on

From time to time, situations arise that prompt an employer to want to review an employee’s emails and other electronic communications. In matters involving internal investigations, concerns about a breach of an employee’s...more

Jackson Lewis P.C.

Employee Monitoring: New York Establishes New Requirements for Employers

Jackson Lewis P.C. on

Earlier this month, New York Governor Kathy Hochul signed into a law a bill that will require New York private sector employers to provide written notice to employees before engaging in electronic monitoring of their...more

Littler

Turn on the Lights: New York Mandates Transparency in Electronic Monitoring

Littler on

While employers generally provide some form of notice of electronic monitoring, as a matter of practice, in their employee handbook, New York now requires transparency about workplace monitoring as a matter of law....more

Brooks Pierce

National Labor Relations Board Changes Course On Employee Email

Brooks Pierce on

Employers who revised their electronic communication policies under the National Labor Relations Board's (NLRB) Purple Communications standard may want to head back to the drawing board (again) in the new year. In Caesars...more

Troutman Pepper

Two New NLRB Decisions Allow Employers to Limit Use of Its Email System and Preserve Confidentiality of Workplace Investigations

Troutman Pepper on

Q: What is the current rule on whether an employee can use our company’s email system to distribute union material? Also, are we permitted to require employees to keep workplace investigations confidential without running...more

Sheppard Mullin Richter & Hampton LLP

Employers May Now Forbid Employees Using Co. Email for Protected Concerted Activities, Forbid Employees from Discussing On-Going...

Sheppard Mullin Richter & Hampton LLP on

The Trump National Labor Relations Board (NLRB) continues to reshape the National Labor Relations Act (NLRA or Act) with new decisions that reverse precedents and undo legal restrictions placed on employers during the Obama...more

Fisher Phillips

NLRB Confirms Prohibiting Use Of Company Equipment, Including Work Emails, Is Lawful

Fisher Phillips on

The National Labor Relations Board decided Tuesday, December 17th, that employees have no statutory right to use an employer’s equipment, including work emails and IT resources. Therefore, employers may legally restrict the...more

Akerman LLP - HR Defense

Minimizing Risks of BYOD Use For Work

Akerman LLP - HR Defense on

Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more

Hogan Lovells

European Court Proposes Criteria for Assessing Employee Monitoring Activities

Hogan Lovells on

On September 5, the European Court of Human Rights (ECHR) issued a ruling in the case of Barbulescu v. Romania that affirms employees’ right to privacy in the use of communications tools in the workplace. Although the ruling...more

Littler

Sorting out the Truth About the Right to Disconnect in France

Littler on

Introduced on August 8, 2016 and effective since January 1, 2017, the “El Khomri law” (named after the French Labor Minister) or “loi travail” granted employees in France the "right to disconnect" from digital devices....more

Levenfeld Pearlstein, LLC

NLRB: Employees Have Right to use Employer’s Email for Union Organizing if Other Non-Business Use is Permitted

Levenfeld Pearlstein, LLC on

Today, the National Labor Relations Board held that employees have a right to use their employer’s communications systems – including email – for protected activity during non-working time, unless the employer prohibits all ...more

Snell & Wilmer

Employees Must Be Permitted to Use Their Employer Email Systems for Nonwork Purposes — Right to Wear Union Insignia Is Expanded

Snell & Wilmer on

Reversing well established precedent, on December 11, 2014, the National Labor Relations Board (NLRB or the Board) held that employees that have been given access to their employers’ email systems, must be permitted to use...more

Littler

Tennessee Joins the Growing List of States Limiting Employers' Access to Personal Online Content

Littler on

Legislation to restrict employers' access to applicants' and employees' personal online content continues its rapid expansion in 2014. Three weeks after Wisconsin became the 13th state to adopt its own social media password...more

Franczek P.C.

NLRB Invites Briefs On Whether To Overturn Register Guard Decision Governing Employee Use Of Employers’ Electronic Communication...

Franczek P.C. on

On April 30, 2014, the NLRB invited parties to file briefs addressing whether it should overturn the current Register Guard standard governing employees’ use of employer-provided email accounts and other electronic...more

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