An article in the New York Times this week may have employers reevaluating their social media policies.
The National Labor Relations Board has handed down a number of rulings, the latest just last month, that have companies rewriting their social media rules. The rulings make many broad social media policies, which ban employees from criticizing their employer on Facebook, Twitter or a personal blog, illegal.
More specifically, the Board’s rulings protect an employee’s right to concerted activity under Section 7 of the National Labor Relations Act. That means that even when employees are using a public forum like social media, employers cannot ban employees from acting together to try to improve working conditions, pay, hours, benefits, workload, or other job-related problems.
The protection is not absolute. The Board does specify, “Reckless or malicious behavior, such as sabotaging equipment, threatening violence, spreading lies about a product, or revealing trade secrets, may cause concerted activity to lose its protection.”
If you have questions about your business’s social media policy, or your rights as an employee, contact LeBlanc Law & Mediation at 612-819-9652 for a free initial consultation.
