Until December 11, employers thought that they owned their email systems and could limit their use to company business. On that day, a divided National Labor Relations Board (“NLRB”) ruled “not so.” In Purple Communications, 361 NLRB No. 126 (Dec. 11, 2014), the NLRB ruled that employees who have access to an employer’s email system as part of their
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Jeffrey A. Berman
Jeffrey is a partner in Seyfarth Shaw’s Los Angeles office. A member of the Labor & Employment Department, he represents management in a variety of industries, including major medical centers, universities, religious organizations, manufacturers and restaurants.
Mr. Berman has been involved in almost every aspect of labor and employment law. He has represented employers in nearly all of the National Labor Relations Board’s (NLRB) regional offices in the Western United States. His successful representation of employers before the NLRB and the Ninth and D.C. Circuit Courts of Appeals changed bargaining unit determinations involving hospitals and religious schools. Mr. Berman has been involved in advising and defending employers with respect to wage and hour issues for many years. He also spends a significant portion of his time defending employer-clients in wrongful termination, employment discrimination and sexual harassment cases.
California Court Extends Protections To “Silent Whistleblowers”
Employers, although contractually free to terminate the employment of at-will employees for any reason, at any time, cannot dismiss an employee in violation of public policy. A prime California public policy is that employers cannot retaliate against whistleblowers—individuals who have reported suspected unlawful employer conduct. In January 2014, the Legislature expanded the general whistleblowing statute, Labor Code section 1102.5, to…
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