Corporate Social Media Policies Should Comply With Recent NLRB Decision

The National Labor Relations Board (NLRB) recently issued a decision with significant impact upon employer policies that apply to employee use of social media. [Costco Wholesale Corporation, 358 NLRB No. 106 (Sept. 7, 2012)]

It is not uncommon that employer social media policies include rules that prohibit employees from using social media in ways that might harm third parties, or potentially compromise company information. Corporate policies may seek to restrict the posting of negative or defamatory statements about other individuals or employees, or posting/sharing information the company prefers to keep confidential.

Unfortunately, such rules may violate the National Labor Relations Act (NLRA) which protects the right of employees to (a) form, join, or assist a union, (b) choose representatives to bargain with an employer on their behalf, (c) act together with other employees for their benefit and protection, or (d) choose not to engage in any such activities.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Robert Freedman - Partner at Tharpe & Howell, LLP | Attorney Advertising

Written by:


Robert Freedman - Partner at Tharpe & Howell, LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.