NLRB Memo Provides Insight on Employee Use of Social Media - Labor & Employment Law Alert

http://ow.ly/6kyn7

An article posted on the Barnes & Thornburg website.

This article discusses a 24 page memorandum released by the NLRB providing insight into what constitutes protected speech in social media, and what is not protected.

Important tips for regulating social media, are said to include:

Note when the post was submitted.
Pay attention to context.
Be mindful of intended audience
Don't be too quick to punish for profanity.

 

The article discusses the following situations where social media policies were deemed too restrictive: "in one case, an employer violated the NLRA because its policy restricted employees from talking about company business on their personal accounts, or posting pictures or comments involving the employer or its employees that could be construed as inappropriate. In another case, an employer violated the Act where its policy precluded the use of the employer’s logos and photographs of the employer’s store, brand, or product, without written authorization."