Newest NLRB Decision On Social Media Policies: Brace For More Changes

Does your organization restrict employee social media use?

On January 4, the National Labor Relations Board reversed an administrative law judge’s decision condemning an employer’s social media policy. That now-allowed policy includes a:

• Non-disclosure clause protecting proprietary information
• Ban on the use of the company’s name for personal purposes
• Ban on the use of co-workers’ photos without their express permission
• Prohibition on the sharing of personal compensation information
• Social-media non-disparagement prohibition

While employers welcome the renewed ability to restrict employee social media use, it’s almost certain to be short-term. When the NLRB chairperson’s term expires this summer, President Biden will have the chance to fulfill his promise to tip the scale in the pro-labor direction. When that happens, the social media freedom of the Obama era will likely come back in full force.

• Should you rein in employee social media use now?
• What employee social media use is most problematic and controversial?
• How can you create social media policies relevant for the future?
• How does “protected concerted activity” relate to social media?
• Does Section 7 of the NLRA cover all employers, whether unionized or not?
• How will expected regulatory changes affect social media policies?