Is it Time to Reconsider Your Social Media Policy in Light of the NLRB’s Most Recent Social Media Report?
February 27, 2012
Employers rightly want to stay attuned to their employees’ use of social media in order to protect their public reputation and goodwill. The National Labor Relations Board’s quickly evolving positions on employer social media policies are making this increasingly challenging. And the pace of change is startling. A social media policy crafted only last year in compliance with Board guidance may include provisions that now would be deemed unlawful. The Board’s Office of General Counsel has released two Social Media Reports (the first on August 18, 2011, and most recently on January 25, 2012), that review the General Counsel’s analysis of about a dozen challenged social media policies. When the various cases summarized in the Reports are read together, they suggest employers should reconsider their social media policies to ensure compliance with the Board’s current positions.
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