Social media policy concerns gain traction as NLRB issues first decisions

In-house counsel can take lessons from two recent NLRB decisions

Arnstein & Lehr Chicago Partner Mark Spognardi and Milwaukee Associate Jesse Dill recently published an article entitled “Social media policy concerns gain traction as NLRB issues first decisions.” The article discusses the National Labor Relations Board’s (NLRB) two recent decisions regarding employers’ social media policies. The decisions are based on the social media policies of Costco Wholesale Corp. and Karl Knauz Motors, Inc.

Mr. Spognardi and Mr. Dill state, “Readers may recall that over the past year the NLRB Acting General Counsel Lafe Solomon issued a series of memoranda that provided insight into its interpretation of how the National Labor Relations Act (NLRA) applies to social media policies and adverse employment decisions based on social media conduct.”

They further explain that, “Employers following these opinions should note they affirm that context and specificity play an important role in whether the general counsel, and now the board, considers a policy to be lawful under the NLRA. As Member Hayes dissent points out, however, whether language will be considered overbroad is not always clear.”

In the article, Mr. Spognardi and Mr. Dill discuss the importance of employers keeping a compliant social media policy to avoid being the target of a complaint.

To read the article in full and learn further about the NLRB’s decisions, the possible effects on employers and avoiding policy complaints, please click here.

The article appeared in the October 15 issue of Inside Counsel.

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