The NLRB Considers the Legality of Employers’ Social Media Policies

Tuesday, November 27, 2012

Over the course of the past year, the acting general counsel of the National Labor Relations Board issued three reports analyzing various employers’ social media policies. These reports demonstrate that even seemingly sensible limitations can violate the National Labor Relations Act via defined or implied restrictions on employees’ statutorily protected rights to discuss with each other the terms and conditions of their employment. All employers—including those operating non-union facilities—must be especially careful to avoid overly broad, ambiguous, or unlawful language in social media policies.