by Tamara Russell
Just when most employers thought it was safe to enforce
their social media policies, a recent report from the National Labor Relations
Board ("NLRB") demonstrates that this area of the law is far from settled. The
report, an "Operations Management Memorandum" prepared by the NLRB's Acting
General Counsel, was issued on January 25, 2012, and provides some guidance for
employers as to what their social media policy should (and should not) state,
In sum, social media policies are not per se unlawful. A
social media policy with a reasonable scope will not result in NLRB scrutiny.
Employers are still encouraged to consider implementing a social media policy,
if they have not already done so, and consult with counsel about the scope and
appropriateness of existing social media policies. The NLRB's report can be
found at: https://www.nlrb.gov/news/acting-general-counsel-issues-second-social-media-report.
are written by Barran
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