Source: Association of Corporate Counsel, Mary E. Windham, Labor & Employment attorney, Womble Carlyle Sandridge & Rice

Though the National Labor Relations Act has been around since the 1930s, its recent application to a relatively new sphere of activity, the virtual world of social media, has created a host of uncertainties. Are employees’ posts about their workplaces and colleagues on Facebook, Twitter, and other social media protected speech, or the stuff that may rightfully subject employees to discipline for violation of company policy prohibiting disparagement, discrimination, or defamation? Though the National Labor Relations Board (“NLRB”) has yet to issue a decision on social media policy, over the last nine months it has aggressively publicized complaints and settlements in connection with cases involving employer rules concerning social media use and employee discipline. Employers – both unionized ...
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