[March 29, 2013] The Firm recently published an article detailing various employer social media policies that the National Labor Relations Board (“NLRB”) is likely to view as violating employees’ rights under federal labor law. (Click here to read the article.) Employers should be aware that a social media policy can be found unlawful even if the employer is not unionized, and even if no employee has ever been disciplined for violating the policy.
The New York Times recently featured a news story on this same topic. The upshot of the NLRB’s recent activity in this area is that employers should review their social media policies very carefully, in consultation with labor counsel, and revise them as necessary to minimize the risk of NLRB challenges.