Over at HireCentrix.com, you can find my article wherein I discuss what I see as the NLRB basically following its precedent in dealing with employer social media policies. You should check it out.
Of course, I could be completely wrong in my analysis there, because so far the NLRB has settled all of its Facebook and Twitter cases, thus not giving us any insight into the specifics on how the employer social media policies violated the NLRA. Still, since it is clear that employees will increasingly use social media platforms like Facebook and Twitter (Facebook just overtook Google as the most popular website!), it is equally clear that employers must issue social media policies. The challenge is to draft them in a way that does not violate the NLRA, and still manage to lawfully prohibit employees from engaging in abusive and profane speech online. I think it can be done. Click on the title of this post to find out how I think it can be done.
Special thanks to HireCentrix.
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