Employers Should Review Social Media Policies in Light of Recent NLRB Report
Author: Beth P. Zoller, XpertHR Legal Editor
The National Labor Relations Board (NLRB) has issued a new report on policies that address the use of social media by employees, profoundly impacting the nature and language of a workplace social media policy.
The NLRB reviewed and analyzed various social media policies and found numerous instances of infringement of Section 7 rights.
As a result, the NLRB released this report advising that a policy provision would be found unlawful if it infringed or could be reasonably interpreted to infringe upon the Section 7 rights of employees to engage in protected activity and discuss wages, hours and working conditions.
Employers should now be extremely cautious when drafting and implementing social media policies and make sure to avoid any language that could potentially restrict an employee's ability to engage in protected concerted activity.
XpertHR has created a Dos and Don'ts Regarding Social Media Policies reference chart to help with reviewing and existing policy or drafting a new policy in light of the NLRB report.
For more information on this topic, refer to the following XpertHR Resources including:
Employee Management > Employee Privacy > Monitoring Use of Social Media Networks
NLRB Issues Guidance Focusing on Social Media Policies
Dos and Don'ts Regarding Social Media Policies - Chart
Acknowledgement and Consent Form for Social Media Use
How to Draft and Enforce a Social Media Policy in the Workplace
Employee Conduct and Discipline Policy
Dos and Don'ts of Social Media - Supervisor Briefing
Employee Use of Social Media May Constitute Protected Concerted Activity