Recorded Webinar

New NLRB Ruling Just Out: Employer's Rights To Ban Personal Use Of Email And More!

Duration: 90 minutes Speaker: Melissa Fleischer, Esq
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ABOUT THE EVENT

The NLRB during the Obama administration was very employee-friendly and issued many decisions that significantly impacted employers.  One of those decisions was recently overturned by the now Trump-administration NLRB. 

In Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino, 368 NLRB No. 143, the NLRB reversed its prior decision on this issue and held on December 17, 2019, that employers may now restrict employee use of the employer’s email system as long as the employer does so in a non-discriminatory manner. This overruled the prior decision in which the NLRB had held that there was a presumption that employees had a right to use the employer’s email system during non-working time for communications protected by Section 7 of the National Labor Relations Act.  This is an important decision not just for its specific holding but also because it may signal an end to the employee-friendly and broad-based decisions of the NLRB during the Obama era that went far to hold that almost any action by the employer could potentially violate Section 7 of the NLRA.  This informative webinar will not only cover in-depth the current NLRB decision overruling the NLRB’s prior holding on use of company email system but also an overview of the board’s prior positions on issues such as social media and social media policies and how those positions may soon be changing in a significant way.

Among the many takeaways from this webinar, participants will learn:

  • An in-depth analysis of the NLRB’s holding in the Caesars Entertainment d/b/a/ Rio All-Suites Hotel and Casino case and what it means for an employer’s current need to revise policies and practices to ensure compliance with this case
  • Discussion of the prior case law on this issue and the relevant changes based on this current decision
  • Best practices to draft an email policy in accordance with this current NLRB decision
  • Learn about the important exceptions set forth in this ruling and when employers can apply those exceptions
  • Understand how this decision may signal a change in NLRB enforcement of the NLRA
  • Discuss some other cases in which the Trump administration NLRB has overruled its prior employee-friendly decisions
  • Have a better understanding of the NLRB’s prior employer-friendly decisions on issues such as Facebook Firing and Social Media policies and how these decisions may soon be overruled as well
  • And much more!!!!!

Who Should Attend

HR, benefits, managers, supervisors, training, in-house counsel, financial officers, CEOs

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Melissa Fleischer, Esq

Melissa Fleischer, Esq., is a sought-after employment law attorney and HR advisor, having utilized her 20 years of law practice experience specializing in employment discrimination litigation to form HR Learning Center LLC, an HR consulting firm that specializes in providing workplace solutions to employers on a wide range of legal and human resource management issues. Ms. Fleischer provides preventative counseling and proactive training on a wide-range of employment law issues to help employers achieve legal compliance and reduce litigation costs, Ms. Fleischer is a management-side employment attorney and is nationally recognized as an expert in her field. Ms. Fleischer has successfully represented numerous clients in employment discrimination litigation as well as providing preventive counseling and training on workplace issues. Ms Fleischer was previously associated with Epstein Becker & Green in NYC.

Through HR Learning Center, Ms. Fleischer provides on-site training seminars and on-line training webinars and consulting on a wide range of workplace and human resource issues including sexual harassment, disabilities, diversity, discrimination, workplace violence, employee use of social media, job descriptions, employee handbooks, workplace investigations, FLSA misclassification and independent contractor status, information privacy and security, and HR records management. She also offers compliance training on the major employment laws, including Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, Americans with Disabilities Act, Fair Labor Standards Act, including exempt and non-exempt worker classifications and the National Labor Relations Act. She presents seminars, leads webinars and workshops, and is a frequent lecturer on these and other HR management and legal topics.

Ms. Fleischer served as a chapter editor for the Family and Medical Leave Act Treatise, published by the Bureau of National Affairs. She also served as an Editor for HRExpert, an on-line legal resource for attorneys and HR Professionals. Ms. Fleischer is an adjunct faculty member with the Professional Development Center at SUNY/Westchester Community College in Valhalla, New York. She is a member of the Society for Human Resource Management (SHRM). Ms. Fleischer earned her J.D. degree from The George Washington University Law School in Washington, D.C., and her B.A., cum laude, from New York University.

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Credits: 1.5

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Credits: 1.5

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