Social Media in the Workplace: an NLRB Guidance Update

For your reference, here’s an updated reading list on the National Labor Relations Board’s recent guidance for employers re social media in the workplace:

National Labor Relations Board Issues Social Media Report (McNees Wallace & Nurick LLC): 

“Recently, the Acting General Counsel of the National Labor Relations Board (Board) released a report, basically a score card, detailing the Board’s actions on 14 cases involving social media. … The report is insightful and it covers a wide range of issues, including when employee social media use is protected by the National Labor Relations Act (NLRA), the permissible scope of employer social media policies, and how unions can get in trouble when using social media.” Read more»

Not As Bad As We Feared: NLRB Issues Guidance On Social Media (Fisher & Phillips LLP):

“Earlier this year there was deep concern in the employer community because the National Labor Relations Board (NLRB) issued a complaint against an employer who disciplined an employee for highly derogatory comments she made about a supervisor on her Facebook page. … But three recent memos from the NLRB’s Office of General Counsel show that little has changed from the pre-Facebook analysis of the concept of ‘protected concerted activity.’” Read more»

Abide by NLRB Traffic Signals (Jody Katz Pritikin, Esq.):

“Social Media use is altering the employment law landscape in many ways, but the most recent trend is emerging from the National Labor Relations Boards (NLRB’s) aggressive protection over an employee’s right … to use social media sites as a venue for “protected concerted activity” as it is defined by Section 7 of the National Labor Relations Act (NLRA).” Read more»

New Guidance for Nonprofits Regarding Social Media Policies and Punishment (Venable LLP):

“… because nonprofits are typically not unionized, they have often overlooked the NLRA as a possible limitation on their right to discipline or terminate employees at will. But nonprofits do so at their peril, as these new developments make clear that nonprofits seeking to enforce work rules or restrain employee criticism of them or their policies in social media must take into account the provisions of the NLRA, regardless of whether the nonprofit is unionized.” Read more»

[see also: About Her “Depraved Boss”: What In The World Wide Web Can I Do About It? by Butler, Snow, O’Mara, Stevens and Cannada, PLLC]


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