A recent decision from the National Labor Relation Board's ("NLRB's") Division of Judges further exemplifies the NLRB's proactive approach in scrutinizing both union and non-union employers' social media policies. In Kroger Co. v. Granger, the judge found that several provisions of the supermarket chain's social media policy violated the National Labor Relations Act ("NLRA") [an enhanced version of this opinion is available to lexis.com subscribers]. If an employer has a social media policy, it likely contains some provisions similar to the overbroad ones in this case. Below are the top takeaways for employers:
Kroger was ordered to post notices stating that the company had violated federal law, to immediately cease enforcing the policies, and to amend or rescind them within 14 days.
As the law on social media policies continues to develop, employers should review their social media policies as closely as they monitor their Facebook feeds, and should speak to counsel about any concerns.
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Electronic Alerts are written by Barran Liebman attorneys for their clients and friends. Alerts are not intended as legal advice, but as employment law, labor law, and employee benefits announcements.
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