NRLB Report: Employers' Social Media Policies Must be Narrow, Must not Restrict Right to Engage in Protected Activities


The National Labor Relations Board (NLRB or the “Board”) released a report providing important guidance to employers on drafting social media policies that comply with its interpretation of labor laws. The report draws on several recent cases addressing employer policies limiting the use of social media by employees, and builds on a similar report issued last fall.

According to a press release issued by the Board, the report underscores two main points:

•Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.

•An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.

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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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