NLRB Issues Report on Employer Social Media Rules and Policies

On May 30, 2012, Lafe E. Solomon, acting General Counsel for the National Labor Relations Board (NLRB), issued a Report discussing whether certain employers’ social media polices were lawful under the National Labor Relations Act (NLRA).  Though Solomon reviewed seven employers’ social media rules, only one employer’s rules were found to be entirely lawful under the NLRA.  In making this determination, Solomon highlighted the importance of using examples within social media rules, as Solomon noted that the employer’s social media rules “clarify and restrict their scope by including examples of clearly illegal or unprotected conduct, such that they could not reasonably be construed to cover protected activity…”  As Solomon found the employer’s entire social media policy in accordance with the NLRA, he included the employer’s social media policy within his Report.  Employers who wish to view the acceptable social media policy should click on the link below and begin reading on page twenty-two (22) of the Operations Management Memo.       
While this Report provides employers with some direction on how to shape their social media policies, employers must keep themselves up to date on the ever changing legal issues facing employer social media policies.  If you would like to speak with an employment law attorney about this or any other matter, please contact Madeline S. Wirt or David H. Dickerson.
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This bulletin provides a general summary of recent legal developments. It is not intended to be and should not be relied upon as legal advice.