NLRB Acting General Counsel Lafe Solomon this afternoon issued his third report (here) on social media cases brought to the agency. Unlike its predecessors (#1 and #2), this report focuses on employers’ social media policies, rather than on actions taken against employees based on their use of social media.
Today’s memo details seven cases involving such policies. In six cases, the General Counsel’s office found some provisions of the employer’s social media policy to be lawful and other provisions to be unlawful. In the seventh case, the entire policy was found to be lawful.
Under the National Labor Relations Act, policies are unlawful if they interfere with the rights of employees to engage in concerted, protected activity regarding matters of wages, hours, and other terms and conditions of employment.
We’re in the process of reviewing this newest guidance from the Board and will follow up with a more detailed post of highlights . . . or lowlights, depending on your aspect.