The National Labor Relations Board held in a 3-2 decision that employees with access to an employer’s email system in the course of their work are, in most cases, permitted to use their employer’s email system during non-work time to communicate with other employees about any and all workplace issues. Purple Communications, Inc. 361 NLRB No. 126 (December 11, 2014). In Purple Communications, the Board overruled prior precedent and held that employers can justify a blanket ban on non-work time use of the employer’s email system only by demonstrating that “special circumstances make the ban necessary to maintain production and discipline.” The Board noted, however, that “it would be the rare case where special circumstances justify a total ban on non-work email use by employees.” The Board’s decision permits employers to apply uniform and consistently enforced controls over its email system “to the extent such controls are necessary to maintain production and discipline.”