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NLRB warns against overbroad social media policies

NLRB warns against overbroad social media policies

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Workplace social media use is a fertile ground for potential federal labor law violations, according to a new guidance memo released by the acting general counsel of the National Labor Relations Board detailing the Board’s recent decisions on the issue.

In his second memo on employment social media  use and policies, NLRB Acting General Counsel Lafe Solomon noted that in the majority of the 14 most recent cases before the Board, social media policies were found to be unlawfully broad or employees were found to have been unlawfully discharged based on social media use.

According to the NLRB, the cases underscore the point that that employment social media polities “should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees,” according to a statement releasing the memo.

At the same time, the most recent cases show that an “employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees,” the statement said.

The memo comes as increased attention is being paid to social media policies in workplaces, with the Board issuing a growing number of decisions to determine if certain uses of social media constitute protected activity under the National Labor Relations Act.  In his first memo, Solomon found that the cases examining social media policies and uses resulted in a mixed bag for employers and employees.

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