Social media issues continue to dominate the labor law landscape. Last month, we highlighted three recent memoranda issued by the National Labor Relations Board’s Division of Advice to NLRB regional offices discussing social media under the National Labor Relations Act (NLRA). And, on August 18, 2011, the NLRB’s Office of the General Counsel released its own Memorandum that summarized the most recent social media cases issued by the Board.
Among others, the Memorandum examined five cases where an employee’s social media use did not warrant NLRA protection and another four that did constitute “protected concerted activity,” as well as summarizing employer social media policies in these and other cases. The report does not draw any bright lines for employers to follow, but does provide some useful guidance.
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