Social Media and the Law – Employer Dos and Don’ts from the NLRB

The National Labor Relations Board earlier this month issued three Advice Memorandums regarding the discipline of employees for their social media activity. From lawyers and law firms on JD Supra, here’s what you need to know about these and other recent NLRB positions on employee social media activity:

Another Update on Social Media and Employee Discipline (McNees Wallace & Nurick LLC):

“… the National Labor Relations Board (Board) has been very active in the area of employee social media use. Recently, the Board’s Office of General Counsel issued three (3) Advice Memorandums directing the dismissal of charges, which challenged discipline issued to employees based on the employees’ social media activity. This latest action, or inaction, by the Board offers us an opportunity to provide another update on social media and employee discipline.” Read more»

NLRB Offers Useful Guidance for Employers In Summary Report on Social Media Cases (Franczek Radelet P.C.):

“…on August 18, 2011, the NLRB’s Office of the General Counsel released its own Memorandum that summarized the most recent social media cases issued by the Board. … Among others, the Memorandum examined five cases where an employee’s social media use did not warrant NLRA protection and another four that did constitute ‘protected concerted activity,’ as well as summarizing employer social media policies in these and other cases. The report does not draw any bright lines for employers to follow, but does provide some useful guidance.” Read more»

NLRB GC outlines federal protections for employee social media activity (International Lawyers Network):

“The Office of General Counsel of the National Labor Relations Board (“NLRB”) issued a sprawling Report of the General Counsel (“Report”) on the interaction of employee social media activity and the National Labor Relations Act yesterday. The Report summarizes the Office of General Counsel’s findings in a wide array of cases submitted for its review and provides some useful guidance for employers grappling with employee social media activity.” Read more»

NLRB Releases Report on Social Media Cases (Charlie Plumb | McAfee & Taft):

“… the NLRB’s Acting General Counsel issued a report describing 14 NLRB cases and its findings involving social media policies and actions taken by employers against employees regarding their use of social media. … In the report, the NLRB’s Acting General Counsel Lafe Solomon said, ‘I hope that this report will be of assistance to practitioners and human resource professionals.’” Read more»

Tweet freely! Employers get some guidance about social media (Constangy, Brooks & Smith, LLP):

“The National Labor Relations Board issued yesterday a memorandum summarizing its findings on social media cases from the past year. … Here is a quickie reference to the guidance provided by the NLRB. As I said, reading the full memo will be well worth your time. The memorandum also contains guidance for employers on developing social media policies that will pass legal muster.” Read more»

NLRB Signals Retreat on Cases Involving Employee Comments in Social Media (Franczek Radelet P.C.)

“In three recent cases, the National Labor Relations Board (NLRB) has indicated that employee comments about their employment on social media web sites like Facebook may not be protected under federal labor law. These cases signal a retreat from the NLRB’s trend in late 2010 and early 2011 to issue complaints involving employer discipline of employees who posted complaints about their employment online.” Read more»

Interfering with Employee Speech (Fox Rothschild):

“Employers beware: The National Labor Relations Board is scrutinizing company social-media policies — and their rulings apply to all companies, whether or not they are unionized. If Facebook postings or tweets involve working conditions or wages, employees are free to comment.” Read more»

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