On May 30, 2012, the National Labor Relations Board’s acting general counsel issued a third report on social media cases. The NLRB released two previous memoranda on social media cases (in January 2012 and August 2011), which analyzed discharges and other employment decisions based on employee Facebook posts. This time, the report focused exclusively on employer social media policies and provisions the NLRB found to be unlawful under the National Labor Relations Act.
All employers should be aware of the NLRB’s position on social media policies and certain key provisions contained in such policies. Employers should evaluate their existing policies in light of the NLRB’s latest report and consult an attorney for assistance in drafting and revising their social media policies.