Archive for National Labor Relations Act

blogging, social media, employee engagement, brxanding

Drafting Social Media Policies to Minimize Legal Risk of an NLRB Complaint

Employers struggle in social media to protect their confidential information, their reputations, and their intellectual property. The National Labor Relations Board (NLRB), on the other hand, is concerned with protecting the statutory rights of employees.

In August, 2011, the NLRB released a report on its social media investigations that ushered in a new age of corporate social media policies. Its findings do not just apply to unionized employers. The NLRB governs certain employee activities even in the absence of a union.

NLRB Reports on Social Media Investigations

In its report, the NLRB criticized social media policies that prohibit disrespectful language or negative comments, that forbid use of the employer’s intellectual property, or that protect employer’s confidentiality. Yet, these are mainstays of any employee handbook, so what can an employer do?

First, stay in touch with NLRB developments. Case law is emerging rapidly. Second, here are some current tips for employers who are drafting their social media policies for the first time or reviewing their existing policies: Read More→