The prevalence of social media in today's society, both in and out of the workplace, is undeniable. However, this continually emerging area of the law is fraught with perils. With that acknowledgement, companies must consider how and to what extent they wish to allow their employees to engage in social media during working hours, and what parameters they wish to place on their employees' social media use generally. However, regardless of an employees' desire to prohibit certain uses by its employees, and as much as employers have a legitimate interest in controlling employee's social media use in order to limit disclosure of sensitive information and to protect the company's image, employers' efforts to limit employees' use of social media has become a hot bed of potential liability. This liability largely stems from the National Labor Relations Board's (NLRB") interest in social media cases over the past several years. The primary issue that is implicated in the NLRB's actions involves Section 7 of the National Labor Relations Act ("NLRA"), which protects an employee's right to engage in concerted activities for the purpose of mutual aid and protection. Significantly, the NLRA applies even if the company does not have any union employees.
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Topics: NLRA, NLRB, Social Media, Social Media Policy
Published In: Labor & Employment 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.
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