Covid Gag Order on Phone App Unlawful, NLRB Lawyers Say in Memo

Sept. 16, 2021, 10:11 PM

A window and door replacement company violated federal labor law by barring a worker from raising concerns about pandemic safety on a smartphone messaging app, the National Labor Relations Board’s legal division said.

The NLRB’s Trump-era decision that gives employers broad authority to restrict employee communication on email and other technology that they own didn’t apply to the free third-party app on the worker’s personal smartphone, the advice unit in the NLRB general counsel’s office said in a memo made public Wednesday.

The advice memo highlights the boundaries of the NLRB’s 2019 ruling in Caesars Entertainment d/b/a Rio All-Suites, ...

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