NLRB General Counsel Releases Second Report on Employers' Social Media Cases

February 2, 2012

NLRB Acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The report follows up his first report on social media cases issued in August 2011. The NLRB's second report (OM 12-31) covers 14 cases, half of which concern the terms of employers' social media policies. Some employee activity on Facebook and other socila media sites may qualify as "concerted protected activity" protected by the National Labor Relations Act (the "NLRA") because it constitutes discussion of employee wages or working conditions. Not all employee activity on social media will qualify as protected concerted activity but the second report makes clear that employers' social media policies must be narrowly tailored so as not to prohibit such activity.

Employers should review and revise their social media policies and/or employee handbooks to reflect the current NLRB guidance. Please contact us to find out how we can help you.

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