Today’s New York Law Journal published an article I wrote entitled: “Deciphering the NLRB’s Stance on Social Media Issues.” Feel free to click on the link, read, and comment if you would like.
Prior blog posts have focused on recent action by the NLRB in conjunction with employment decisions based on employee social media use, and on claims made that workplace social media policies are overbroad and unduly chill employee rights to engage in collective activity. The NLRB has been at it for almost exactly a year, and recently offered some clarity on its various positions in a memorandum summarizing recent case developments. We all have the opportunity to learn from the past twelve months of action.
Employer Take Away: What should you as an employer take away from this development?
As you know by now, the issues involving the NLRB and social media are far from resolved, and the more interesting piece to the puzzle will be when we start to see more administrative and appellate judges (not to mention state and federal legislatures) determine the validity of the NLRB’s actions to date. Nevertheless, my article in today’s Law Journal attempts to provide a step-by-step framework to help your company analyze whether your employment decisions and social media policies will at least pass administrative muster.