Recent NLRB Social Media Report Raises New Questions

02/16/2012

As we have detailed in this blog and elsewhere, the National Labor Relations Board (“NLRB” or the “Board”) made social media cases a priority in 2011. As demonstrated in a recent memorandum released by the Board’s Acting General Counsel, this trend is set to continue in 2012. Memorandum OM 12-31 summarizes 14 recent social media complaints received by the Board, and details the General Counsel’s conclusions on each case. While the report reiterates many of the Board’s previous pronouncements regarding social media, it also raises new questions about employer regulation of employee social media use, as well as permissible social media policy language.

This article was originally posted on the SoMe blog, Haynes and Boone's Social Media Law Brief, on February 16, 2012. To read the full text, click here.

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