In recent months, the National Labor Relations Board (“NLRB”) has been hearing an increasing number of cases alleging Section 7 violations as it pertains to Social Media policies and resulting discipline and discharge. Given the new and evolving nature of social media cases before the NLRB, employers should exercise caution when disciplining an employee for conduct on Facebook, Twitter, MySpace and other social media venues. Even though the NLRB’s positions have not been tested in Court, when possible, employers should consult with legal counsel prior to taking action especially given this emerging area of the law before the NLRB.
This article provides a summary of recent NLRB decisions pertaining to Social Media policies.
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