On Social Media - NLRB Action General Counsel's Report

Do you have a social medial policy? In five cases, some provisions of employers’ social media policies were found to be unlawfully overbroad.

On Social Media
NLRB Acting General Counsel’s Report

The NLRB has been increasingly focusing on social media cases.  Attached is the NLRB Acting General Counsel’s Report, released today, on the agency’s handling of 14 cases involving employers’ social media policies and their application in specific situations.  In a press release, the Board’s Acting General Counsel Lafe Solomon said, "I hope that this report will be of assistance to practitioners and human resource professionals." According to the Board, each case was submitted by regional offices to the NLRB’s Division of Advice in Washington, DC.  In four cases involving employees’ use of Facebook, the Division found that the employees were engaged in "protected concerted activity" because they were discussing terms and conditions of employment with fellow employees. In five other cases involving Facebook or Twitter posts, the Division found that the activity was not protected.  In one case, it was determined that a union engaged in unlawful coercive conduct when it videotaped interviews with employees at a nonunion jobsite about their immigration status and posted an edited version on YouTube and the Local Union’s Facebook page.  In five cases, some provisions of employers’ social media policies were found to be unlawfully overbroad. A final case involved an employer’s lawful policy restricting its employees’ contact with the media.

For a copy of the complete report, click here.