National Labor Relations Board Report Focuses on Social Media Policies, Provides a Sample Policy

Sullivan & Cromwell LLP - May 31, 2012

On Thursday, May 31, 2012, the Acting General Counsel of the National Labor Relations Board (“NLRB”) issued a report summarizing a number of opinions he has given recently concerning whether employers’ policies regulating employees’ use of social media violate The National Labor Relations Act (“NLRA”). In most of the cases described in the report, the Acting General Counsel concluded that the employer’s policy violated the NLRA, but the report also sets forth guidelines for policies that might be acceptable and provides a sample policy he concluded was lawful. The Acting General Counsel’s report was his third report in less than a year on cases concerning social media policies. In light of these reports—which make clear that the NLRB regards employer social media policies to be “a hot topic”?employers may wish to review their policies.