Under the oversight of the National Labor Relations Board, employer policy is closely watched. One burgeoning area of regulation pertains to how employers address employees and their use of social media.
In a new report, NLRB Acting General Counsel Lafe Solomon describes what a perfect social media policy looks like—one that is free of any infractions against the National Labor Relations Act.
"In this case, we concluded that the Employer's entire revised social media policy, as attached in full, is lawful," Solomon explains in the report. "Rules that are ambiguous as to their application to Section 7 activity and that contain no limiting language or context to clarify that the rules do not restrict Section 7 rights are unlawful. In contrast, rules that clarify and restrict their scope by including examples of clearly illegal or unprotected conduct, such that they could not reasonably be construed to cover protected activity, are not unlawful."
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