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Social Media Policies – NLRB General Counsel Says What’s “Lawful” and What’s Not

Posted on June 7, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The NLRB’s Acting General Counsel issued a Memorandum  on May 30, 2012 clarifying and outlining its position on the lawfulness of employer social media policies.  The Memorandum discusses several recent cases where the NLRB determined that certain private employer policies were overbroad and interfered with employee rights under the NLRA.  The section of most interest to private employers who have been struggling to know whether or not their policies are lawful comes at the end of the 24-page Memorandum.  The Memorandum ends with a complete Social Media Policy that the NLRB’s General Counsel says passes legal muster.  It is important to understand that this Memorandum does not carry the force of law, but it does indicate what the NLRB will do if employer social media policies are challenged.

For a complete summary of the Memorandum, please click on this link that will take you to our “Articles” Section on our website.

For additional information please contact Steve Lyman slyman@hallrender.com or your regular Hall Render attorney.