In what is one of the National Labor Relations Board’s (NLRB) first applications of the Purple Communications decision, NLRB administrative law judge (ALJ) Mara-Louise Anzalone has struck down an email policy at the Rio All-Suites Hotel in Las Vegas. The hotel’s employee handbook contained a policy entitled “Use of Company Systems, Equipment, and Resources.” It stated in relevant part: Computer resources may not be used to:
- Commit, aid or abet in the commission of a crime
- Violate local, state or federal laws
- Violate copyright and trade secret laws
- Share confidential information with the general public, including discussing the company, its financial results or prospects, or the performance or value of company stock by using an internet message board to post any message, in whole or in part, or by engaging in an internet or online chatroom
- Convey or display anything fraudulent, pornographic, abusive, profane, offensive, libelous or slanderous
- Send chain letters or other forms of non-business information
- Seek employment opportunities outside of the company
- Invade the privacy of or harass other people
- Solicit for personal gain or advancement of personal views
- Violate rules or policies of the company