On May 30, 2012, the National Labor Relations Board (NLRB) Acting General Counsel Lafe Solomon issued a memorandum regarding social media policies in the workplace. The General Counsel’s memorandum is applicable to both unionized and non-unionized work environments.

Certain Employees Rights Are Granted Under Section 7 of the NLRA

Section 7 of the National Labor Relations Act (NLRA) allows employees the right to form, join, or assist labor organizations and the right to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. In addition, even in union-free businesses, employee complaints about hours, pay, treatment, working conditions, etc. may not result in disciplinary action or termination under the NLRA. This section of the Act has important implications for employer social media policies, as delineated in the NLRB’s recent memo.

Social Media Policies That Might Be Illegal

The NLRB’s memo covered seven social media policies published by various employers to demonstrate specific provisions that may be unlawful. Some of those social media policies include the following:

• Policies concerning an employer’s attempt to protect confidential information may be unlawful.
• Policies that aim to show peaceful relations amongst staff may be unlawful.
• Policies about employer image protections may be unlawful.

Companies Must Establish a Compliant Social Media Policy

To learn more about establishing a compliant social media policy, be sure to read the featured article by the HR pros at MyHRSupportCenter, The NLRB’s Social Media Policy Memorandum. If you’re not yet signed up or would like a free trial of MyHRSupportCenter, contact Vision Payroll today.