When Does a Social Media Policy Violate Federal Law?

January 19, 2015

An employer’s social media policy or work rule violates the National Labor Relations Act (NLRA) if it would reasonably tend to chill employees in the exercise of their protected rights. The National Labor Relations Board (NLRB) uses a two-step inquiry to determine if a work rule would have such an effect. First, a rule is unlawful if it explicitly restricts protected activities. If the rule does not explicitly restrict protected activities, then it is unlawful only upon a showing that: (1) employees could reasonably construe the language to prohibit protected activity; (2) the rule was promulgated in response to union activity; or (3) the rule has been applied to restrict the exercise of protected rights. Rules tend to violate the NLRA occur when:

  • An employer maintains a policy or handbook containing policies that restrict, interfere, or tend to chill the ability of employees to discuss their wages, hours, and other protected activities.
  • An employer discourages employees from engaging activities for their mutual aid or protection.

Want to learn how to draft a lawful social media policy?

 In my next webinar, I will teach you about important labor and employment law issues in the context of social media in the workplace and how to manage employee social media use.

January 22 | 12:00-1:30 est | $150 Live or OnDemand

1.5 Hours of CLE Credits Approved in Florida, Louisiana, South Carolina, and Nevada

Approval Pending in California and Georgia

Register Now for "Should You Fire over Facebook"Social media law attorney, author, professor, and keynote speaker Ethan Wall will:

  • Identify protected employee speech under the NLRA
  • Distinguish the lawfulness of discipline for employee social media use
  • Analyze legal from illegal social media policies and rules
  • Teach you how to draft lawful social media policies
  • Set forth techniques to maximize compliance with federal labor law

Questions?

Email: webinars@socialmedialawandorder.com

Call: (407)484-5100


Contact Us Today for a Free Consultation

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