According to a second report on social media cases issued by the Acting General Counsel of the federal National Labor Relations Board (NLRB) earlier this year (the first report was issued in August 2011), the federal National Labor Relations Act (NLRA) does not permit many of the provisions typically contained in social media policies. Employers therefore must consider updating their social media policies for compliance with the NLRA (and/or should consider adopting compliant social media policies in the event they have not done so yet).

According to the NLRB’s press release, one of the main points underscored by the second report is that “[e]mployer 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.” The NLRA permits union and non-union employees who are not “supervisors” to engage in concerted action for their mutual aid and protection, including discussing their terms and conditions of employment. Such discussions are increasingly taking place on social media such as Facebook, Twitter and the like.

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