NLRB Releases Third Social Media Report

The National Labor Relations Board (NLRB) has issued a third report on social media cases brought to the agency, this time focusing exclusively on employer policies governing the use of social media.
The Operations Management Memo details seven cases involving such policies. In six cases, the Board found some provisions of the employer’s social media policy to be lawful; in the seventh case, the entire policy was found to be lawful.
Provisions are found to be unlawful when they interfere with the rights of employees under the National Labor Relations Act, such as the right to discuss wages and working conditions with coworkers.
The NLRB says it hopes the report, with its specific examples of various employer policies and rules, will provide additional guidance in this area. Two previous memos on social media cases, which involved discharges based on Facebook posts, were issued in January 2012 and in August 2011.
Read the management memos