Federal law prohibits an employer from interfering with employees who come together to discuss work-related issues for the purpose of collective bargaining or other mutual aid or protection, and the NLRB has correctly noted that social media has become one of the primary avenues through which employees engage in such activity.
However, relying upon the guidance issued by the NRLB, including the recent Operations Management Nlrb social media, is not a guarantee of compliance with the law. The report details the outcome of investigations into 14 social-media cases.
The main take-away points for employers are: A spate of recent decisions makes clear that Nlrb social media social media NLRB has intensified and will likely continue to intensify its scrutiny of employer social media policies and this scrutiny extends no less to non-unionized employers.
This was originally published on Eric B. Give employees specific examples of inappropriate postings. Employer conduct that would be viewed as interfering with protected concerted activity i.
Remember, it does not matter whether or not the workplace is unionized. And there is nothing in the GC report which precludes an employer from having a social media policy. The report focuses on two areas: Something that is more carefully tailored to serve a legitimate business interest which, at the same time, is not intended to chill the right to organize should work.
Take a look at your employee handbook and talk to an employment lawyer to insure that you follow these recommendations: An outright prohibition of such postings — even though third party rights may be at issue — could be considered overbroad. Three times in the last year, the NLRB issued Operations Management Memoranda providing employers with direction on drafting and applying social media policies.
Threats of violence or remarks that are obscene, malicious or bullying. But before you do anything, consult an attorney. Each situation has its own unique facts and none of this is intended to be legal advice.
Recent decisions provide examples of the specific policy language that the NLRB has found unlawful, illustrating the various hazards employers face when drafting their social media policies.
Acceptable limits include prohibitions on bullying, discrimination and retaliation. Be consistent in how and Nlrb social media you review the social media accounts for prospective employees.
In fact, I read it twice cover-to-cover. The NLRA protects employees who band together to try to make changes to their employment conditions, even if all they wish to do is complain as a group.
A policy need not explicitly prohibit protected speech to be unlawful. This is covered under Section 8 a 1 of the Act. Article Continues Below Another option is a catchall provision.
In it, the NLRB reviewed seven social media policies, and upheld only one. You will find the report here. This includes banning employees from talking about their job, complaining about their boss or co-workers or disparaging company policies, among others. Unless you have a legitimate and defensible business purpose as part of your social media guidelinesdo not ask employees or worse, applicants for their social media account information or passwords.
An employer should be very cautious when instructing employees to get prior employer approval before posting because such provisions could be deemed as inhibiting protected activity.
Dorkiness aside, I was able to distill the report down to the points that employers will need to know if they hope to avoid federal scrutiny. Share By Eric B. An employer should be wary of instructing employees regarding posting photos, videos, quotes, or other content involving third parties.Drafting a social media policy in compliance with Section 7 of the National Labor Relations Act (“NLRA” or “the Act”) has become increasingly challenging for employers, as the National Labor Relations Board (“NLRB” or “the Board”) continues to parse individual words and phrases in employers’ social media policies.
In the realm of social media policies alone, the NLRB’s General Counsel’s Office issues Advice Memos that detail the results of “investigations in dozens of social media cases.” The Advice Memos claim to show many cases where “some provisions of employers’ social media policies were found to be overly-broad” and unlawful.
In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social media such as Facebook and Twitter violate the National Labor Relations Act (“NLRA”) by interfering with workers’ rights to engage.
The NLRB and Social Media The National Labor Relations Act protects the rights of employees to act together to address conditions at work, with or without a union.
This protection extends to certain work-related conversations conducted on social media, such as Facebook and Twitter. Learn the main take-away points for employers working within the NLRB social media policy.
According to the National Labor Relations Board (NLRB), employers’ attempts to control or limit what employees post on social media websites and their personal accounts often violate the employees’ rights to engage in “protected” .Download