NLRB Says A Lot More By Saying Social Media Policies Must Be Appropriately Tailored

Recognizing that one of the most important business issues of our time is how businesses manage social media and their employees who use it, the National Labor Relations Board has issued yet another report discussing guidelines for employers to follow with regards to social media. The report provides an extensive analysis of several specific cases but, according to the NLRB summary, there are two main points of emphasis:

-Employer policies should not be so sweeping that they prohibit the kinds of activity protected by federal labor law, such as the discussion of wages or working conditions among employees.

-An employee’s comments on social media are generally not protected if they are mere gripes not made in relation to group activity among employees.

In other words, employers must make sure their social media policies are appropriately tailored and employees do not get a free pass to just say what they want.

But, i believe there is something more important to take from this action than the details of the report. A lot more. It is the message the NLRB is sending. By issuing another report on this issue, the NLRB is essentially saying what I have been writing: social media policies are extremely important for businesses and are something that every single one must have!

Published by Shawn E. Tuma

Shawn Tuma is an attorney who is internationally recognized in cybersecurity, computer fraud and data privacy law, areas in which he has practiced for nearly two decades. He is a Partner at Spencer Fane, LLP where he regularly serves as outside cybersecurity and privacy counsel to a wide range of companies from small to midsized businesses to Fortune 100 enterprises. You can reach Shawn by telephone at 972.324.0317 or email him at stuma@spencerfane.com.

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