Law360 Quotes Partner Mark A. Konkel on NLRB Ruling on Use of Employer Email
December 11, 2014

Partner Mark A. Konkel is quoted in the Law360 article “Lawyers Weigh In On NLRB Employer Email Ruling” regarding the National Labor Relations Board’s decision to allow works to use their employers’ email systems for non-business purposes including communicating about union organizing. Mr. Konkel tells Law360, “[i]ronically, this decision will just make employers get tougher about their email policies. The decision tries to convert something that employers literally ‘own’ into something they no longer control, but it’s so full of holes you could drive a truck through it. Employers should rely on the language of the decision itself, which says that employees can use email for organizing purposes ‘on nonworking time.’ Employers can require employees to leave the workplace when not working, and they can still control employee access to electronic systems outside of working time (it’s not employee use once they don’t have access).”