Employers Beware: NLRB Continues Close Scrutiny of Policies that Limit Employee Communications Through Social Media
Feb. 1, 2012
In a report on 14 new cases involving both workplace policies and the termination of employees for their social media postings, the National Labor Relations Board’s Acting General Counsel ("AGC") has signaled his office will continue to look with disfavor on employer policies and disciplinary actions that limit employees’ rights to complain about the terms and conditions of their employment. Both union and nonunion employers are affected and are subject to unfair labor practice charges if their policies or disciplinary actions restrict employees’ rights to engage in "protected concerted activity." Although the cases discussed in the AGC’s new report involve employee communications through social media, the policies which may get an employer in trouble are not limited to "social media policies."