Legal Blog

Telebriefs®: NLRB Invites the Filing of Briefs for Purple Communications Case Decision

On August 1, 2018, The National Labor Relations Board issued a notice inviting the public to file briefs on whether the Board should adhere to, modify, or overrule its 2014 Purple Communications case decision. In this case, the Board decided that employees who have been given access to their employer’s e-mail system must also be allowed to use the same e-mail system during non-work time to communicate with other employees or union representatives regarding wages, hours and terms, conditions of employment, as well as any other union organizing activity. If Purple Communications is overruled, the Board would possibly revert back to the 2007 Register Guard standard. This 2007 decision held that an employer can lawfully enact neutral restrictions on employees’ use of its e-mail system. In addition, the Board also asked for comments on whether there should be any restrictions on text messages sent on company phones. To learn more about the Board’s notice, listen to this week’s Telebrief here.


Also in this week’s Telebrief: July 26th was the 28th anniversary of the passage of the Americans with Disabilities Act, and the DC Circuit recently decided a case citing the ADA. Also, the Massachusetts legislature passed a non-compete statute that will take effect on October 1st. Lastly, the Fifth Circuit decided in a case regarding a healthcare employee claiming workplace harassment from a patient.

Questions about Purple Communications or other topics from this week’s Telebrief?

Contact Howard Kurman at or 410-209-6417.


About the Telebriefs®

The Telebriefs® are 30-minute, information-packed phone calls geared towards executives, HR directors, supervisors, managers, and business owners. Join Howard K. Kurman, as he discusses employment law developments occurring over the past two weeks that will most significantly impact employers nationwide. These twice-monthly phone calls are an easy way to stay current and compliant with the latest employment law developments that will significantly affect you and your company. The goal is to provide information and insights to help executives stay current with the latest workplace law developments and in front of trends, to enable proactive policy-making and management. Our guarantee: You will learn something useful on every call!

If you have any problems registering for a pin, please contact Shaylah Koontz at


Howard Kurman | 410-209-6417

Howard K. Kurman is an employment attorney. Mr. Kurman regularly counsels clients on all aspects of proactive employment/labor issues. He represents employers ranging in size from as small as 20 employees to those employers with geographically disparate locations consisting of over 4,000 employees. Mr. Kurman assures, through regular contact with his clients, that they promulgate and maintain the most effective employment policies that will, to the extent possible, minimize their legal exposure in today’s litigious workplace. Mr. Kurman offers advice on employee handbooks, employment agreements, and covenants not to compete as well as confidentiality and non-disclosure agreements. Previously, Mr. Kurman was the chair of the firm’s Labor & Employment Practice Group.








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