Are You Violating the NLRA with Your Social Media Policy and Don't Even Know It?

Most employers are unaware of the movement from the NLRB (National Labor Relations Board) against employers’ social media policies. Over the past couple years, the NLRB has become increasing active in the social media policy debate and has made several rulings against overly broad corporate social media policies. They are now monitoring not only the substance of the policy but the actions employers are taking. Employers are deemed in violation of the NLRA (National Labor Relations Act) if they prohibit an employee’s ‘concerted activity’ or discipline an employee for this.

The big question facing employers is what constitutes ‘concerted activities’? The NLRB has determined ‘concerted activities’ involve active, online conversations among multiple employees regarding work conditions. Also, the NLRB has struck down many anti-blogging and disruptive behavior employment policies for being overly broad prohibitions of protected activity.

The cases in which the NLRB sided with the employees have some common components. The first being they all involved employees who criticized very specific employment practices and/or work conditions. Secondly, these employees conducted conversations online, after work hours, on personal equipment, with personal accounts and off work property. Thirdly, and what appears to be most important to the NLRB, is all the cases involved multiple employees in the online discussions.

Though the NLRB has not released a guide for employers to use when drafting and enforcing their social media policies or disciplining employees, there are some precautions every employer can and should be taking.

1) Create a Specific Social Media Policy

2) Address Unique Practices and Concerns of Your Individual Business

3) Avoid Writing Catch-All Policies

4) Be Aware of Your Employees’ Social Media Presence

5) Fully Investigate Every Situation Before Disciplining Employees

6) Review Your Policies Periodically

For more information on this topic, sign up for Lowden & Associates’ FREE Social Media Policy Webinar on June 27, 2012 at 2pm. Register here.