GT Insurance Blog

Insurance problems and cures

Social media policies and the NLRB…

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The Acting General Counsel of the National Labor Relations Board recently issued guidance on Social Media Policies in relation to the National Labor Relations Act.  You will find the link to the actual document by clicking here to go to the NLRB site and going to document OM 12-59.

Sadly, the guidance appears to be that employers can not restrict employees’ behavior on social media or in disclosing confidential information. 

Presumably you can carve out a safe policy by making it clear that your restrictions don’t apply to issues subject to the National Labor Relations Act.   You should see your labor legal counsel if you have one, making sure your employee handbook and any other documents are in compliance.  But employers are on the spot with this since the NLRB (especially recently) takes the path of the negative Socratic dialectic in issuing guidance.  That is, you advance an idea and I tell you what’s wrong with it, but I never tell you what would be right.  (Many philosophers have argued that there were some good reasons to kill Socrates.)  

We’re not going to give you labor law advice.  There’s an excellent legal summary of this mess, available through the link at the bottom of this article.  But you should also take a look at your employment practices liability insurance (EPLI) and talk with your insurance advisor about what’s covered.  Or call us at 1-800-548-2329.

Here is the link to an alert from Bressler, Amery, & Ross. Excellent write-up of the problem.  Bressler Social Media and NLRB

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