Settlement of Facebook Charge Leaves Lots of Social-Media Policy Questions

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The legal effectiveness of social-media policies in the workplace came under fire when the National Labor Relations Board (NLRB) filed an unfair labor practices complaint against American Medical Response.  The complaint was filed after the employer terminated a unionized employee for complaining about her boss via Facebook. The NLRB’s complaint alleged that the employee was engaged in activity protected by the NLRA because she was discussing the terms and conditions of her employment with co-workers.

The NLRB just announced  that it settled the matter after the employer agreed, among other things, to revise its social media policy to be less broad. The employer had previously prohibited its employees from any on-line criticism of the company. As we’ve previously noted, the NLRB’s position on social media does not mean that an employer is prohibited from restricting social media use by employees. It does, however, mean that employers need to tailor their social media policies to avoid overly broad restrictions.  We’ll keep an eye out for release of the revised (and NLRB-approved) social-media policy. 

See also, coverage of the settlement by the N.Y. Times.

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