California Labor &
Employment Law Blog
May 30, 2012

NLRB Issues Memo on Social Media Policies

Topics: Personnel Policies and Procedures, Social Media

Today, Acting General Counsel of the NLRB, Lafe Solomon, issued a report on findings from cases addressing the legality of various employers' social media policies.  The NLRB report is the third NLRB report addressing social media issues, with two prior reports having been issued in August 2011 and January 2012.  Whereas the prior reports dealt primarily with the legality of employee terminations stemming from social media use, today's report deals solely with social media policies.  The report provides several examples of broadly worded policy provisions determined to be unlawful because they "could be interpreted" to restrict employees' Section 7 rights to engage in concerted activity and discuss the terms and conditions of their employment.  By way of example, policies that broadly preclude employees from posting or discussing any type of "confidential" information on social media sites are overbroad unless defined NOT to preclude employees from engaging in Section 7 rights protected by the NLRA.  Employers should review this most recent NLRB report in considering any appropriate changes to social media policies.  The report is available here.

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Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act.
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