Employer Social Media Policies Should Not Bar Protected Worker Activity: NLRB

The National Labor Relations Board looked at social media policies recently, determining that employers' social media policies should not prohibit activity protected by federal labor law, but employees' comments generally are not protected if they are mere gripes. The latest report from the NLRB highlighted two main points made in an earlier report issued last August: 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 and the policies of employers should not be so sweeping that they prohibit the kinds of activity protected by federal labor law.

In the latest report, 14 cases were covered. Half of those were about comments on Facebook.

The theme coming from this report was that employers need to review their social media policies and update them. If used in conjunction with a social media archiving solution, posts will not be missing or the validity of posts cannot be disputed.

Employer Social Media Policies Should Not Bar Protected Worker Activity: NLRB - Business Insurance