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NLRB’s latest crack at social media policy? What a mess!

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in Employment Law,HR Management,Human Resources

In late January, the National Labor Relations Board (NLRB) released an “Operations Management Memo” that purports to offer additional guidance to employers and HR professionals concerned about employees’ use of social media.

The memo­—you can download it at http://tinyurl.com/nlrb-social-media—covers 14 cases, half of which involve questions about employer social media policies. Five of those policies were found to be unlawfully broad, one was lawful, and one was found to be lawful after it was revised.

According to an NLRB statement, the report underscores two main points made in an earlier compilation of social media cases the board issued in August 2011:

  • Employer policies should not be so sweeping that they prohibit the kinds of activities 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 me...(register to read more)

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