Feb 07 2013

Case Rulings Regarding Employees and Employers Use of Social Media

From the National Labor Relations Board comes a report from the Acting General Counsel concerning social media cases involving employers and employees.  The report, issued January 24 2012, updates a report issued in 2011.  Writes Lafe E. Solomon, Acting General Counsel:

…social media include various online technology tools that enable people to communicate easily via the internet to share information and resources.  These tools can encompass text, audio, video, images, podcasts, and other multimedia communications.  Cases concerning the protected and/or concerted nature of employees’ social media policies and the lawfulness of employers’ social media policies and rules continue to be presented to the Regional Offices and are then submitted to the Division of Advice in Washington for my consideration.  In addition, these issues and their treatment by the NLRB continue to be a “hot topic” among practitioners, human resource professionals, the media, and the public.

The memo reviews fourteen recent cases that “present emerging issues in the context of social media.”


OM 12_31 Report of the Acting General Counsel Concerning Social Media Cases by

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