If you have not updated your company's social media policy in the last 4 weeks, it is out of date. That is because in January, the National Labor Relations Board ("NLRB") published its second report on what it referred to as the "hot topic" of social media cases. The good news is that we are getting direction on which social media policy provisions are acceptable and which are not. The bad news is that many provisions thought to be lawful must now be modified. This month we provide a summary of the most significant points identified in the NLRB's report.
Preliminarily, we have previously explained that Section 7 of the National Labor Relations Act protects an employee's right to engage in concerted activities for the purpose of mutual aid and protection. And, remember, the NLRA applies even if your company does not have any union employees. Let's test your familiarity with the state of the law on social media policies...
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