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.

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Published In: Administrative Agency Updates, Business Organization Updates, General Business Updates, Labor & Employment Updates, Privacy Updates

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

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